Common use of Acceptance of Appointment by Successor Trustee Clause in Contracts

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 8.3 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon the resignation or removal of the predecessor Trustee, such appointment shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; provided, however, that the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.

Appears in 3 contracts

Samples: Indenture (Auna S.A.), Indenture (Auna S.A.), Indenture (Auna S.A.A.)

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Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in under Section 8.3 8.8 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer or of the successor Trustee, the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its chargesany such amounts then due it pursuant to the provisions of Section 8.5, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring TrusteeTrustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Trustee all Property property and money as may be held by such retiring Trustee hereunder, subject nevertheless ceasing to its lien, if any, provided for in Section 8.5act. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 8.5.

Appears in 3 contracts

Samples: Indenture (CSN Islands IX Corp.), Indenture (American Beverage Co Ambev), Indenture (American Beverage Co Ambev)

Acceptance of Appointment by Successor Trustee. (a) Any In the case of an appointment hereunder of a successor Trustee trustee with respect to all Debt Securities, each successor trustee so appointed as provided in Section 8.3 shall execute, acknowledge execute and deliver to the Holders, the Issuer Republic and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Republic or of the successor trustee, upon payment of its charges and any other amounts due to it under this Indenture then unpaid, the Trustee ceasing to act shall, on written request of the Issuer or shall pay over to the successor Trustee, upon payment of its charges, trustee all monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the Issuer Republic shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a prior lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 5.6.

Appears in 3 contracts

Samples: Indenture (Republic of Indonesia), Terms and Conditions (Republic of Indonesia), Satisfaction And (Republic of Argentina)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in under Section 8.3 8.8 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer, the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its chargesany such amounts then due it pursuant to the provisions of Section 8.5, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring TrusteeTrustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Trustee all Property property and money as may be held by such retiring Trustee hereunder, subject nevertheless ceasing to its lien, if any, provided for in Section 8.5act. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 8.5.

Appears in 3 contracts

Samples: Indenture (Ambev S.A.), Indenture (InBev Corporate Holdings Inc.), Indenture (American Beverage Co Ambev)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 8.3 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon the resignation or removal of the predecessor Trustee, such appointment shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; provided, however, that the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its charges, execute execute, subject to Section 8.4(d) and Section 8.5(g) below, and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lienLien, if any, provided for in Section 8.5. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.

Appears in 2 contracts

Samples: Indenture (Camposol Holding PLC), Indenture (Camposol Holding PLC)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in under Section 8.3 6.9 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer or of the successor Trustee, the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its chargesany such amounts then due it pursuant to the provisions of Section 6.5, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee, Trustee so ceasing to act and shall duly assign, transfer and deliver to such successor Trustee all Property property and money held by such retiring Trustee hereunder, subject nevertheless ceasing to its lien, if any, provided for in Section 8.5act. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 6.5.

Appears in 2 contracts

Samples: sec.report, Bank Bradesco

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 8.3 5.9 shall execute, acknowledge execute and deliver to the Holders, the Issuer Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment trustee with respect to the Notes shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to the Notes of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee for the Notes hereunder; providedbut, howevernevertheless, that on the Trustee written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, on written request of the Issuer or subject to Section 9.4, pay over to the successor Trustee, upon payment of its charges, trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the Issuer Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 5.6.

Appears in 2 contracts

Samples: Grupo Financiero Galicia Sa, Grupo Financiero Galicia Sa

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 8.3 5.9 shall execute, acknowledge execute and deliver to the Holders, the Issuer Issuers and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; providedbut, howevernevertheless, that on the written request of an Issuer or of the successor trustee, upon payment of its charges then unpaid, the Trustee ceasing to act shall, on written request of the Issuer or subject to Section 9.4, pay over to the successor Trustee, upon payment of its charges, trustee all moneys at the time field by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the such Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 5.6.

Appears in 2 contracts

Samples: Indenture (Dennys Holdings Inc), Indenture (Dennys Holdings Inc)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 8.3 hereunder shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee execute an instrument accepting such appointment hereunder, hereunder and shall deliver one counterpart thereof to the other Trustee (notice of any such appointment of a successor trustee shall be provided to the Beneficiaries in the next report delivered to the Beneficiaries pursuant to Section 5.6) and, subject in case of a resignation, to Section 8.3, upon the resignation or removal of the predecessor retiring Trustee, such appointment shall become effective and . Thereupon such successor trusteeTrustee shall, without any further act, deed or conveyance, shall become vested with all the rightsestates, powers, rights, properties, assets, trusts and duties and obligations of its his predecessor hereunder, in the Trust hereunder with like effect as if originally named as therein; but the retiring Trustee herein; providedshall nevertheless, however, that the Trustee ceasing to act shall, on written request of the Issuer or when requested in writing by the successor Trustee or by the remaining Trustee, upon payment of its charges, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, all the estates, rights, powers powers, obligations, duties, titles, discretions, privileges, indemnities, immunities, properties, assets and trusts of the such retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property instruments and money funds held by such retiring Trustee him hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.

Appears in 2 contracts

Samples: Liquidating Trust Agreement (THCG Inc), Liquidating Trust Agreement (THCG Inc)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in under Section 8.3 8.8 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunderhereunder (and shall promptly notify the Insurance Agent of such appointment), and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer or of the successor Trustee, the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its chargesany such amounts then due it pursuant to the provisions of Section 8.5, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring TrusteeTrustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Trustee all Property property and money as may be held by such retiring Trustee hereunder, subject nevertheless ceasing to its lien, if any, provided for in Section 8.5act. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 8.5.

Appears in 1 contract

Samples: Indenture (Tele Norte Leste Participacoes Sa)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in under Section 8.3 6.09 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer or of the successor Trustee, the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its chargesany such amounts then due it pursuant to the provisions of Section 6.05, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee, Trustee so ceasing to act and shall duly assign, transfer and deliver to such successor Trustee all Property property and money held by such retiring Trustee hereunder, subject nevertheless ceasing to its lien, if any, provided for in Section 8.5act. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due to it pursuant to Section 6.05.

Appears in 1 contract

Samples: sec.report

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 8.3 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon the resignation or removal of the predecessor Trustee, such appointment shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; provided, however, that the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its charges, execute execute, subject to Section 8.6(g) below, and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.58.6. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.

Appears in 1 contract

Samples: Indenture (Camposol Holding PLC)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in Section ‎Section 8.3 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section ‎Section 8.3, upon the resignation or removal of the predecessor Trustee, such appointment shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; provided, however, that the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section ‎Section 8.5. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.. In the event of a change of Trustee, an announcement regarding such a change shall be made by or on behalf of the Issuer through the SGX-ST. 113

Appears in 1 contract

Samples: Indenture (Gran Tierra Energy Inc.)

Acceptance of Appointment by Successor Trustee. (a) Any In the case of an appointment hereunder of a successor Trustee trustee with respect to all Bonds, each successor trustee so appointed as provided in Section 8.3 shall execute, acknowledge execute and deliver to the Holders, the Issuer Republic and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Republic or of the successor trustee, upon payment of its charges then unpaid, the Trustee ceasing to act shall, on written request of the Issuer or shall pay over to the successor Trustee, upon payment of its charges, trustee all monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the Issuer Republic shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 5.6.

Appears in 1 contract

Samples: sec.report

Acceptance of Appointment by Successor Trustee. (a) Any In the case of an appointment hereunder of a successor Trustee trustee with respect to all Debt Securities, each successor trustee so appointed as provided in Section 8.3 shall execute, acknowledge execute and deliver to the Holders, the Issuer Republic and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Republic or Banco Central acting on behalf of the Republic or of the successor trustee, upon payment of its charges then unpaid, the Trustee ceasing to act shall, on written request of the Issuer or shall pay over to the successor Trustee, upon payment of its charges, trustee all monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and Republic or Banco Central acting on behalf of the Issuer Republic shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 5.6.

Appears in 1 contract

Samples: Trust Indenture (Uruguay Republic Of)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 8.3 7.10 shall execute, acknowledge execute and deliver to the Holders, the Issuer Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; providedbut, however, that the Trustee ceasing to act shallnevertheless, on the written request of the Issuer Company or of the successor Trusteetrustee, upon payment of its chargescharges then unpaid, the trustee ceasing to act shall pay over to the successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the Issuer Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06.

Appears in 1 contract

Samples: Indenture (Province Healthcare Co)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 8.3 5.09 shall execute, acknowledge execute and deliver to the Holders, the Issuer and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee for such series hereunder; providedbut, however, that the Trustee ceasing to act shallnevertheless, on the written request of the Issuer or of the successor Trusteetrustee, upon payment of its chargescharges then unpaid, the trustee ceasing to act shall, subject to Section 9.04, pay over to the successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers and trusts of the retiring Trusteepowers, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.duties and

Appears in 1 contract

Samples: Senior Debt Indenture (Gazit Group Financial LLC)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 8.3 5.9 shall execute, acknowledge execute and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trustee, without any further act, act deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer or of the successor trustee, upon payment of its charges then unpaid, the Trustee ceasing to act shall, on written request of the Issuer or subject to Section 9.4, pay over to the successor Trustee, upon payment of its charges, trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 5.6.

Appears in 1 contract

Samples: Advantica Restaurant Group Inc

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 8.3 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon the resignation or removal of the predecessor Trustee, such appointment shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; provided, however, that the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.

Appears in 1 contract

Samples: Indenture (Cementos Pacasmayo Saa)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in under Section 8.3 8.8 shall execute, acknowledge and deliver to the Holders, the Issuer Unibanco and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of Unibanco or of the successor Trustee, the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its chargesany such amounts then due it pursuant to the provisions of Section 8.5, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring TrusteeTrustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Trustee all Property property and money as may be held by such retiring Trustee hereunder, subject nevertheless ceasing to its lien, if any, provided for in Section 8.5act. Upon written request of any such successor Trustee, the Holders and the Issuer Unibanco shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 8.5.

Appears in 1 contract

Samples: Indenture (Unibanco Union of Brazilian Banks Sa)

Acceptance of Appointment by Successor Trustee. (a) Any In the case of an appointment hereunder of a successor Trustee trustee with respect to all Debt Securities, each successor trustee so appointed as provided in Section 8.3 shall execute, acknowledge execute and deliver to the Holders, the Issuer Province and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Province or of the successor trustee, upon payment of its charges then unpaid, the Trustee ceasing to act shall, on written request of the Issuer or shall pay over to the successor Trustee, upon payment of its charges, trustee all monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the Issuer Province shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 6.6.

Appears in 1 contract

Samples: Indenture

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 8.3 7.3 shall execute, acknowledge and deliver to the Holders, the Issuer Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.37.3, upon the resignation or removal of the predecessor Trustee, such appointment shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; provided, however, that the Trustee ceasing to act shall, on written request of the Issuer Company or the successor Trustee, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.57.5. Upon written request of any such successor Trustee, the Holders and the Issuer Company shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.

Appears in 1 contract

Samples: Yojne S.A.

Acceptance of Appointment by Successor Trustee. (a) Any successor new Trustee appointed as provided in Section 8.3 pursuant to any of the provisions hereof shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon the resignation or removal of the predecessor appointment; and thereupon such new Trustee, such appointment shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the estates, Properties, rights, powers, duties powers and obligations trusts of its predecessor hereunder, in the rights hereunder with like effect as if originally named as Trustee herein; providedbut, however, that nevertheless upon the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, the Trustee ceasing to act, upon payment of its chargesfees and expenses due to it, shall execute and deliver an instrument transferring to such successor Trustee Trustee, upon the trusts herein expressed, all the estates, Properties, rights, powers and trusts of the retiring TrusteeTrustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Trustee all Property any of the Collateral and money monies held by such retiring Trustee hereunder, subject nevertheless to the successor Trustee so appointed in its lien, if any, provided for in Section 8.5or his place. Upon written request acceptance of any such appointment by a successor TrusteeTrustee as provided in this Section 7.11, the Holders and the Issuer shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all shall give to the holders of Secured Obligations written notice of the succession of such rights and powersTrustee to the trusts hereunder. Neither failure so to mail nor any defect in the notice so mailed shall affect the sufficiency of the proceedings in question.

Appears in 1 contract

Samples: And Assignment Agreement (Madison Gas & Electric Co)

Acceptance of Appointment by Successor Trustee. (a) Any Every successor Trustee appointed as provided in Section 8.3 hereunder shall execute, acknowledge and deliver to the HoldersDepositor on behalf of the Trust, to the Issuer Certificate Insurer and to its predecessor Trustee an instrument accepting such appointment hereunder and stating its eligibility to serve as Trustee hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; provided, however, that the Trustee ceasing to act shallbut, on written request of the Issuer Depositor, the Certificate Insurer or the successor Trustee, such predecessor Trustee shall, upon payment of its chargescharges then unpaid, execute and deliver an instrument transferring to such successor Trustee all of the rights, powers and trusts of the retiring TrusteeTrustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Trustee all Property property and money held by such retiring Trustee so ceasing to act hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5. Upon written request of any such successor Trustee, the Holders and Depositor on behalf of the Issuer Trust shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights rights, powers and powerstrusts.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Asset Backed Certs Series 2001 A)

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Acceptance of Appointment by Successor Trustee. (a) Any ---------------------------------------------- successor Trustee trustee appointed as provided in Section 8.3 12.02 hereof shall execute, acknowledge execute and deliver to the Holders, the Issuer Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, andin form and substance reasonably satisfactory to the Company, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; providedbut, howevernevertheless, that on the Trustee written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, on written request of the Issuer or subject to Section 14.04 hereof, pay over to the successor Trustee, upon payment of its charges, trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the Issuer Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Article XI hereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 8.3 5.05 hereof, prior to or upon such appointment, shall execute, acknowledge and deliver to the Holdersits predecessor Trustee, each Designated Carrier, the Issuer Certificateholders and to its predecessor Trustee Telefonica del Peru an instrument accepting such appointment hereunder, and, subject with respect to Section 8.3each Designated Carrier, a notice to make all payments in respect of the Purchased Receivables to a designated account of the successor Trustee, and upon receipt by the Trustee of such instrument and receipt by each Designated Carrier of such notice, the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Required Percentage of Certificateholders or the written request of the successor Trustee, the predecessor Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its charges, shall execute and deliver deliver, without representation or warranty (express or implied) or recourse, an instrument transferring to such successor Trustee all the rights, rights and powers and trusts of the retiring Trustee, and shall duly assign, transfer and deliver predecessor Trustee so ceasing to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5act. Upon the written request of any such successor Trustee, the Holders and the Issuer Certificateholders shall execute any and all instruments in writing necessary for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.

Appears in 1 contract

Samples: Trust Agreement (Telefonica Del Peru Saa)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 8.3 6.3 shall execute, acknowledge and deliver to the HoldersNoteholders, the Issuer other Trustee, the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.36.3, upon thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteesuccessor, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunderhereunder and the other Transaction Documents, with like effect as if originally named as the Indenture Trustee or the Argentine Collateral Trustee (as applicable) herein; providedit being understood that, howeverto further evidence such event, that the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its charges, shall execute and deliver an instrument a document transferring to such successor Trustee all the rights, rights and powers and trusts of the retiring Trustee, and shall duly assign, transfer and deliver Trustee so ceasing to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless act (other than its rights to receive any indemnities or other payments payable to it in its lien, if any, provided for in Section 8.5own capacity). Upon written request of any such successor Trustee, the Holders and Noteholders and/or the Issuer Company shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any predecessor Trustee shall nevertheless retain the right to be paid any amounts then due to it in its own capacity pursuant to this Indenture and the other Transaction Documents and that remain unpaid.

Appears in 1 contract

Samples: Indenture (Corporacion America Airports S.A.)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 8.3 5.9 hereof shall execute, acknowledge execute and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer or of the successor trustee, upon payment of its charges then unpaid, the Trustee ceasing to act shall, on written request of the Issuer or subject to Section 9.4 hereof, pay over the successor Trustee, upon payment of its charges, trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the Issuer shall execute any and all appropriate instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.. Any Trustee ceasing to act shall, neverthe-

Appears in 1 contract

Samples: Indenture (NRG Energy Inc)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 8.3 10.03 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and, subject to the provisions of Section 8.310.03, upon thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that at the written direction of the Majority Holders or written request of the successor trustee, the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, rights and powers and trusts of the retiring Trustee, and shall duly assign, transfer and deliver Trustee so ceasing to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5act. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any predecessor Trustee shall nevertheless retain a Lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of the Indenture and shall remain liable for any willful misconduct or gross negligence on its part while acting as Trustee.

Appears in 1 contract

Samples: Conformed Copy (Cherokee Inc)

Acceptance of Appointment by Successor Trustee. (a) Any ---------------------------------------------- successor Trustee appointed as provided in under Section 8.3 8.8 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer or of the successor Trustee, the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its chargesany such amounts then due it pursuant to the provisions of Section 8.5, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring TrusteeTrustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Trustee all Property property and money as may be held by such retiring Trustee hereunder, subject nevertheless ceasing to its lien, if any, provided for in Section 8.5act. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 8.5.

Appears in 1 contract

Samples: Indenture (Petrobras International Finance Co)

Acceptance of Appointment by Successor Trustee. (a) Any In the case of an appointment hereunder of a successor Trustee trustee with respect to all Debt Securities, each successor trustee so appointed as provided in Section 8.3 shall execute, acknowledge execute and deliver to the Holders, the Issuer Province and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Province or of the successor trustee, upon payment of its charges then unpaid, the Trustee ceasing to act shall, on written request of the Issuer or shall pay over to the successor Trustee, upon payment of its charges, trustee all monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the Issuer Province shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 5.6.

Appears in 1 contract

Samples: static1.squarespace.com

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in under Section 8.3 8.9 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer or of the successor Trustee, the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its chargesany such amounts then due it pursuant to the provisions of Section 8.5, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee, Trustee so ceasing to act and shall duly assign, transfer and deliver to such successor Trustee all Property property and money held by such retiring Trustee hereunder, subject nevertheless ceasing to its lien, if any, provided for in Section 8.5act. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 8.5.

Appears in 1 contract

Samples: Indenture (Bank Bradesco)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 8.3 5.9 shall execute, acknowledge execute and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; providedbut, however, that the Trustee ceasing to act shallnevertheless, on the written request of the Issuer or of the successor Trustee, upon payment of its chargescharges then unpaid, the Trustee ceasing to act shall, subject to Section 9.4, pay over to the successor Trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 5.6.

Appears in 1 contract

Samples: Southwestern Financial (Ich Corp /De/)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 8.3 6.9 hereof shall execute, acknowledge execute and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer or of the successor trustee, upon payment of its charges then unpaid, the Trustee ceasing to act shall, on written request of the Issuer or subject to Section 10.4 hereof, pay over the successor Trustee, upon payment of its charges, trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the Issuer shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.the

Appears in 1 contract

Samples: Indenture (NRG Energy Inc)

Acceptance of Appointment by Successor Trustee. (a) Any a)‌ In the case of an appointment hereunder of a successor Trustee trustee with respect to all Debt Securities, each successor trustee so appointed as provided in Section 8.3 shall execute, acknowledge execute and deliver to the Holders, the Issuer Province and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Province or of the successor trustee, upon payment of its charges then unpaid, the Trustee ceasing to act shall, on written request of the Issuer or shall pay over to the successor Trustee, upon payment of its charges, trustee all monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trusteeobligations. Any Trustee ceasing to act shall, and shall duly assignnevertheless, transfer and deliver to such successor Trustee retain a prior claim upon all Property and money property or funds held or collected by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in secure any amounts then due it pursuant to the provisions of Section 8.5. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers8.6.

Appears in 1 contract

Samples: static1.squarespace.com

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in Section ‎Section 8.3 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section ‎Section 8.3, upon the resignation or removal of the predecessor Trustee, such appointment shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; provided, however, that the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section ‎Section 8.5. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for fully and certainly vesting in and confirming to such successor Trustee all such rights and powers.

Appears in 1 contract

Samples: Indenture (Auna S.A.)

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in under Section 8.3 7.08 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer or of the successor Trustee, the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its chargesany such amounts then due it pursuant to the provisions of Section 7.05, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring TrusteeTrustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Trustee all Property property and money as may be held by such retiring Trustee hereunder, subject nevertheless ceasing to its lien, if any, provided for in Section 8.5act. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 7.05.

Appears in 1 contract

Samples: Telefonica Del Peru Saa

Acceptance of Appointment by Successor Trustee. (a) Any successor Trustee appointed as provided in under Section 8.3 6.9 shall execute, acknowledge and deliver to the Holders, the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of the Issuer or of the successor Trustee, the Trustee ceasing to act shall, on written request of the Issuer or the successor Trustee, upon payment of its chargesany such amounts then due it pursuant to the provisions of Section 6.5, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee, Trustee so ceasing to act and shall duly assign, transfer and deliver to such successor Trustee all Property property and money held by such retiring Trustee hereunder, subject nevertheless ceasing to its lien, if any, provided for in Section 8.5act. Upon written request of any such successor Trustee, the Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 8.5.

Appears in 1 contract

Samples: Indenture

Acceptance of Appointment by Successor Trustee. (a) Any In the case of an appointment hereunder of a successor Trustee trustee with respect to all Debt Securities, each successor trustee so appointed as provided in Section 8.3 shall execute, acknowledge execute and deliver to the Holders, the Issuer Jamaica and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and, subject to Section 8.3, upon and thereupon the resignation or removal of the predecessor Trustee, such appointment trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; providedbut, howevernevertheless, that on the written request of Jamaica or of the successor trustee, upon payment of its charges then unpaid, the Trustee ceasing to act shall, on written request of the Issuer or shall pay over to the successor Trustee, upon payment of its charges, trustee all monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5obligations. Upon written request of any such successor Trusteetrustee, the Holders and the Issuer Jamaica shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 5.6.

Appears in 1 contract

Samples: First Supplemental Indenture (Jamaica Government Of)

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