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

Acceptance of Appointment by Successor Trustee. Any successor Trustee appointed hereunder shall execute an instrument accepting such appointment hereunder and shall deliver one counterpart, in case of a resignation, to the retiring Trustee. Thereupon such successor Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts, and duties of its predecessor in the Trust hereunder with like effect as if originally named therein; but the retiring Trustee shall nevertheless, when requested in writing by the successor Trustee, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, all the estates, properties, rights, powers, and trusts of such retiring Trustee, and it shall duly assign, transfer, and deliver to such successor Trustee all property and money held by such Trustee hereunder.

Appears in 6 contracts

Samples: Liquidating Trust Agreement (All American Group Inc), Liquidating Trust Agreement (Trimaine Holdings Inc), Liquidating Trust Agreement (BPP Liquidating Trust)

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Acceptance of Appointment by Successor Trustee. Any successor Trustee appointed hereunder shall execute an instrument accepting such appointment hereunder and shall deliver one counterpart, in case of a resignation, to the retiring resigning Trustee. Thereupon such successor Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts, and duties of its predecessor in the Trust hereunder with like effect as if originally named therein; but the retiring resigning Trustee shall nevertheless, when requested in writing by the successor Trustee, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, all the estates, properties, rights, powers, and trusts of such retiring resigning Trustee, and it shall duly assign, transfer, and deliver to such successor Trustee all property and money held by such Trustee hereunder.

Appears in 3 contracts

Samples: Liquidating Trust Agreement (Xcorporeal, Inc.), Liquidating Trust Agreement (Amv Liquidating Trust), Liquidating Trust Agreement (Genaera Corp)

Acceptance of Appointment by Successor Trustee. Any successor Trustee appointed hereunder shall execute an instrument accepting such appointment hereunder and shall deliver file one counterpartcounterpart with the books and records of the Trust and, in case of a resignation, deliver one counterpart to the retiring Trustee. Thereupon such successor Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts, and duties of its predecessor in the Trust hereunder with like effect as if originally named therein; but the retiring former Trustee shall nevertheless, when requested in writing by the successor Trustee, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, all the estates, properties, rights, powers, and trusts of such retiring Trustee, and it shall duly assign, transfer, and deliver to such successor Trustee all property and money held by such Trustee hereunder.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (G REIT Liquidating Trust), Agreement and Declaration of Trust (T Reit Liquidating Trust)

Acceptance of Appointment by Successor Trustee. Any successor Trustee appointed hereunder shall execute an instrument accepting such appointment hereunder and shall deliver one counterpartfile such acceptance with the Trust records. Thereupon, in case of a resignation, to the retiring Trustee. Thereupon such successor Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts, trusts and duties of its predecessor in the Trust hereunder with like effect as if originally named thereinherein; but the provided, however, that a retiring or removed Trustee shall shall, nevertheless, when requested in writing by the successor Trustee, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon under the trust herein expressed, Trust all the estates, properties, rights, powers, trusts and trusts duties of such retiring predecessor Trustee, and it shall duly assign, transfer, and deliver to such successor Trustee all property and money held by such Trustee hereunder.

Appears in 2 contracts

Samples: Trust Agreement (Rancon Realty Fund Iv), Trust Agreement (Rancon Realty Fund V)

Acceptance of Appointment by Successor Trustee. Any successor Trustee appointed hereunder shall execute an instrument accepting such appointment hereunder and shall deliver one counterpart, in case of a resignation, to the retiring Trustee. Thereupon such successor Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts, and duties of its predecessor in the Trust hereunder with like effect as if originally named therein; but the retiring Trustee shall nevertheless, when requested in writing by the successor Trustee, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, all the estates, properties, rights, powers, and trusts of such retiring former Trustee, and it shall duly assign, transfer, and deliver to such successor Trustee all property and money held by such Trustee hereunder.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Mission West Properties Inc)

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Acceptance of Appointment by Successor Trustee. Any successor Trustee appointed hereunder shall execute an instrument accepting such appointment hereunder and shall deliver one counterpartcounterpart thereof, to the retiring Trustee (in the case of a resignation, to the retiring Trustee). Thereupon such successor Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts, trusts and duties of its his predecessor in the Trust hereunder with like effect as if originally named thereinherein; but the any retiring Trustee shall nevertheless, when requested in writing by the successor Trustee, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, all the estates, properties, rights, powers, powers and trusts of such retiring Trustee, and it shall duly assign, transfer, transfer and deliver to such successor Trustee all property and money held by such Trustee him hereunder.

Appears in 1 contract

Samples: Lmusa Joint Litigation Trust Agreement (Siena Holdings Inc)

Acceptance of Appointment by Successor Trustee. Any successor Successor Trustee appointed hereunder shall execute an instrument accepting such appointment hereunder and shall deliver one counterpart, in case of a resignation, to the retiring Trustee. Thereupon such successor Successor Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts, and duties of its predecessor in the Trust hereunder with like effect as if originally named therein; but the retiring Trustee shall nevertheless, when requested in writing by the successor Successor Trustee, execute and deliver an instrument or instruments conveying and transferring to such successor Successor Trustee upon the trust herein expressed, all the estates, properties, rights, powers, and trusts of such retiring Trustee, and it shall duly assign, transfer, and deliver to such successor Trustee all property and money held by such Trustee hereunder.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Advanced Switching Communications Inc)

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