Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 219 contracts
Samples: Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (American Realty Capital Properties, Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 79 contracts
Samples: Indenture (Nationwide Financial Services Inc/), Indenture (Nationwide Financial Services Inc/), Lincoln National Corp
Merger, Conversion, Consolidation or Succession to Business. Any Person entity into which the Trustee may be merged or converted or with which it may be consolidated, or any Person entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such entity shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 44 contracts
Samples: Gainsco Inc, Indenture (FCB/Sc Capital Trust I), Fb Capital Trust
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 19 contracts
Samples: Indenture (WSFS Financial Corp), Subordinated Indenture (Sea Pines Associates Inc), Pacific Crest Capital Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 18 contracts
Samples: Indenture (MGM Resorts International), Indenture (Allegion US Holding Co Inc.), Indenture (Apple Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 17 contracts
Samples: Indenture (BrightView Holdings, Inc.), Indenture (BrightView Holdings, Inc.), Indenture (Lument Finance Trust, Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 14 contracts
Samples: Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Bluejay Diagnostics, Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 13 contracts
Samples: Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person entity into which the Trustee may be merged or converted or with which it may be consolidated, or any Person entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 11 contracts
Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD), American Bancshares Inc \Fl\, Sun Capital Trust Ii
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any any, of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 8 contracts
Samples: Indenture (Reliant Energy Inc), Reliant Energy Inc, Noram Energy Corp/
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Senior Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Senior Notes so authenticated, and in case any Securities Senior Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Senior Notes either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Senior Notes or in this Indenture that the certificate of the Trustee shall have.
Appears in 8 contracts
Samples: Indenture (Anthracite Capital Inc), Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Anthracite Capital Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided, provided, however, that the right to adopt the certificate of the authentication of any predecessor Trustee shall havewill apply only to its successor or successors by merger, conversion or consolidation.
Appears in 8 contracts
Samples: And (Abraxas Petroleum Corp), And (Abraxas Petroleum Corp), Abraxas Petroleum Corp
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 8 contracts
Samples: Indenture (Keycorp Institutional Capital A), Indenture (Riggs National Corp), Agreement (Usf&g Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which that it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 7 contracts
Samples: Indenture (PVH Corp. /De/), PVH Corp. /De/, Indenture (Exterran Energy Solutions, L.P.)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case If any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case if any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 7 contracts
Samples: Trust Agreement (DPL Inc), Indenture (Centura Banks Inc), Colonial Bancgroup Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, provided that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 6 contracts
Samples: Junior Subordinated Indenture (Desert Capital Reit Inc), Junior Subordinated Indenture (Desert Capital Reit Inc), Beazer Homes Usa Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto; PROVIDED, providedHOWEVER, that in the case of a corporation succeeding to all or substantially all the corporate trust business of the Trustee, such Person successor corporation shall be otherwise qualified and eligible under this Article VIexpressly assume all of the Trustee's liabilities hereunder. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to authenticated with the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of same effect as if such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall havehad itself authenticated such Securities.
Appears in 6 contracts
Samples: Indenture (Pilgrims Pride Corp), Indenture (Pilgrims Pride Corp), Indenture (Ensco International Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 6 contracts
Samples: Indenture (RAIT Financial Trust), Subordinated Indenture (Great Wolf Resorts, Inc.), Capitalsource Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article (including qualification under the Trust Indenture Act, if applicable), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Successor Trustee, and in all cases the certificate of authentication shall have the full force which that it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 6 contracts
Samples: Commonwealth Bankshares Inc, Resource Capital Trust I, Guaranty Capital Trust I
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article (including qualification under the Trustee Indenture Act, if applicable), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 5 contracts
Samples: Indenture (Bancorpsouth Inc), Securities Indenture (National City Capital Trust I), Usb Holding Co Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Debentures shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture that the certificate of the Trustee shall have.
Appears in 4 contracts
Samples: Trust Agreement (Ilm Senior Living Inc /Va), Agreement and Plan of Merger (Capital Senior Living Corp), Trust Agreement (Ilm Ii Senior Living Inc /Va)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Debentures shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture that the certificate of the Trustee shall have.
Appears in 4 contracts
Samples: Host Marriott Corp/Md, Newell Financial Trust I, Newfield Financial Trust Ii
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Debentures shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture that the certificate of the Trustee shall have.
Appears in 4 contracts
Samples: Indenture (Txi Capital Trust I), Gentiva Health Services Inc, United Rentals Inc /De
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any such successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 3 contracts
Samples: American Italian Pasta Co, Bay Valley Foods, LLC, Bay Valley Foods, LLC
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Senior Notes so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Senior Notes or in this Indenture that the certificate of the Trustee shall have.
Appears in 3 contracts
Samples: Indenture (Novastar Financial Inc), Indenture (Novastar Financial Inc), Novastar Financial Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 6.10 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 3 contracts
Samples: Temecula Valley Bancorp Inc, Temecula Valley Bancorp Inc, First Chester County Corp
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 3 contracts
Samples: Senior Indenture (Reliant Energy Services New Mexico LLC), Centerpoint Energy Inc, Reliant Energy Services New Mexico LLC
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have. SECTION 6.10.
Appears in 3 contracts
Samples: Simmons First National Corp, Simmons First National Corp, Simmons First National Corp
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, providedPROVIDED, that such Person shall be otherwise qualified and eligible under this Article ARTICLE VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section SECTION 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 3 contracts
Samples: Indenture (Bankatlantic Bancorp Inc), Trust Agreement (Bankatlantic Bancorp Inc), Uici
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Symons International Group Inc, Superior National Insurance Group Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person entity into which the Trustee may be merged or converted or with which it may be consolidated, or any Person entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Indenture (Blue Ridge Paper Products LLC), Reynolds Presto Products Inc.
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it as is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Indenture (Teledyne Technologies Inc), Indenture (Teledyne Technologies Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided, that such Person shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities, and in case any Securities shall not have been authenticated, any such successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in . In all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture Indenture, provided that the certificate of authentication the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee (in the case of succession by merger, conversion or consolidation) or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Indenture (Everest Re Capital Trust Iii), Indenture (Everest Re Group LTD)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the TrusteeTrustee (including the trust created by this Indenture), shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 6, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Berkshire Hathaway Finance Corp, Berkshire Hathaway Finance Corp
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the -72- 79 successor of the Trustee hereunder, provided that such corporation shall be otherwise eligible and qualified under Section 6.08, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case at any Securities time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes have been authenticated, but not delivered, by the Trustee then in office, any successor successor, by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 by succeeding to all or substantially all the corporate trust business of the Trustee, to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Notes; provided, and in case that the right to adopt the certificate of authentication of any Securities shall not have been authenticated, any successor predecessor Trustee or to the Trustee may authenticate such Securities either Notes in the name of any predecessor Trustee shall apply only to its successor or in the name of such successor Trusteesuccessors by merger, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities conversion or in this Indenture that the certificate of the Trustee shall haveconsolidation.
Appears in 2 contracts
Samples: Indenture (Corporate Realty Consultants Inc), Corporate Realty Consultants Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee (in the case of a succession by merger, conversion or consolidation) or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VIanything herein to the contrary notwithstanding. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Securities either Notes in the name of any predecessor Trustee or in the name of such successor Trustee, trustee; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Intercreditor Agreement (Karyopharm Therapeutics Inc.), Indenture (Karyopharm Therapeutics Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Bnccorp Inc), Vib Corp
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Senior Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities Senior Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Senior Notes; and in case at that time any Securities Senior Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Senior Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Senior Notes or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Senior Note Indenture (Agco Corp /De), Senior Note Indenture (AGCO International GmbH)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Xerox Corp, Xerox Corp
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all al I or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Silicon Valley Bancshares, Silicon Valley Bancshares
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article 6, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that ; provided such Person corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VIVI and shall have a combined capital and surplus of at least $100,000,000. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities shall have been authenticated, authenticated but not delivered, by any such successor to the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such the certificate of authentication of any predecessor Trustee and deliver the such Securities so authenticated; and, and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in . In all such cases the certificate of authentication such certificates shall have the full force and effect which it is provided anywhere in the Securities or in this Indenture that provides for the certificate of authentication of the Trustee; provided that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall haveapply only to its successor or successors by merger, amalgamation, conversion or consolidation.
Appears in 2 contracts
Samples: Hollinger International Publishing Inc, Hollinger International Publishing Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, PROVIDED such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Debentures shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Dayton Superior Capital Trust, Dura Automotive Systems Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided that such Person shall be otherwise qualified and eligible under this Article 6, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Indenture (Ares Management Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunderhereunder (provided that such Person shall otherwise be qualified and eligible under this Article), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, authenticated but not delivered, delivered by the Trustee then in office, any such successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. In case any Securities shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate and deliver such Securities in either in the its own name or that of any its predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Indenture (GFI Group Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunderhereunder (provided that such corporation shall be otherwise qualified and eligible under this Article VI), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Chittenden Capital Trust I
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall will be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall will be the successor of the Trustee hereunder, provided such corporation will be otherwise qualified and eligible under this Article 5, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Note shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such securities; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture Indenture; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall havewill apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Abraxas Petroleum Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article IX, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either 50 in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture Indenture; provided, however, that the right to adopt the certificate of the Trustee shall have.authentication of any
Appears in 1 contract
Samples: Pogo Producing Co
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such [TPW: NYLEGAL:665375.4] 20965-00009 07/19/2007 07:27 PM successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Independent Bank Corp /Mi/
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, PROVIDED such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Debentures shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Subordinated Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Tower Automotive Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall 5093320 04310929 have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Bimini Capital Management, Inc.
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article ARTICLE VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section SECTION 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Uici
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it that is provided anywhere in the Securities Notes or in this Indenture Indenture; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall haveapply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Xto Energy Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and 163 deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Scana Corp
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all cases the certificate of authentication such cases, such Securities shall have the full force which it is to be and effect provided for anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.Indenture. ARTICLE SEVEN
Appears in 1 contract
Samples: Amc Entertainment Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust 45 business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Deerfield Triarc Capital Corp
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 5, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Indenture (Microsoft Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person entity into which the Trustee may be merged or converted or with which it may be consolidated, or any Person entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; PROVIDED, HOWEVER, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Louisiana Casino Cruises Inc
Merger, Conversion, Consolidation or Succession to Business. 59 60 Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Debentures shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture that the certificate of the Trustee shall will have.
Appears in 1 contract
Samples: Indenture (Vib Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such [TPW: NYLEGAL:665375.4] 20965-00009 07/19/2007 07:27 PM Exhibit D successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and 152 deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: South Carolina Electric & Gas Co
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Senior Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Senior Notes so authenticated, and in case any Securities Senior Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Senior Notes either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Senior Notes or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Medical Properties Trust Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.;
Appears in 1 contract
Samples: Indenture (EnerSys)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article (including qualification under the Trustee 84 75 Indenture Act, if applicable), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. In the event any Securities shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate and deliver such Securities Securities, in either in the its own name or that of any its predecessor Trustee or in the name of such successor Trustee, with the full force and in all cases effect which this Indenture provides for the certificate of authentication of the Trustee. Section 613. Preferential Collection of Claims Against Company. Reference is made to Section 311 of the Trust Indenture Act. For purposes of Sections 311(b)(4) and 311(b)(6) of the Trust Indenture Act, the following terms shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.following meanings:
Appears in 1 contract
Samples: Indenture (Seagate Technology Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Senior Indenture (Universal American Financial Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, ; provided that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Orleans Homebuilders Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VISeven. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 7.09 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in case any Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Indenture (Meritage Homes CORP)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided, that such corporation shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any such successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: General Electric Co
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases 58 51 the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Chase Capital Iii
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall will be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall will be the successor of the Trustee hereunder, provided such corporation will be otherwise qualified and eligible under this Article 6, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall Notes will have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such securities; and in case at that time any Securities shall of the Notes will not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication shall such certificates will have the full force which it is provided anywhere in the Securities securities or in this Indenture Indenture; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall havewill apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Mission Resources Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 transfer of assets to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. In case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.successor
Appears in 1 contract
Samples: Supplemental Indenture (Level 3 Communications Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person entity into which the Trustee may be merged or converted or with which it may be consolidated, or any Person entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such entity shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case any Securities Notes shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate and deliver such Securities Notes, in either in the its own name or that of any its predecessor Trustee or in the name of such successor Trustee, with the full force and in all cases effect which this Indenture provides for the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall haveTrustee.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article Nine, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Debentures shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Debentures; and in case at that time any Securities of the Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the such certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture provided that the Trustee's certificate of the Trustee authentication shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. In the event any Securities shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate and deliver such Securities Securities, in either in the its own name or that of any its predecessor Trustee or in the name of such successor Trustee, with the full force and in all cases effect which this Indenture provides for the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.Trustee. Section 613. Preferential Collection
Appears in 1 contract
Samples: Indenture (Southwest Gas Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such -59- corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture Indenture; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall haveapply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Flores & Rucks Inc /De/)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article (including qualification under the Trust Indenture Act, if applicable), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have. SECTION 6.13.
Appears in 1 contract
Samples: Republic New York Capital Iv
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such Person shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case any Securities Notes shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate and deliver such Securities Notes, in either in the its own name or that of any its predecessor Trustee or in the name of such successor Trustee, with the full force and in all cases effect which this Indenture provides for the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall haveTrustee.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, ; that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have. .
Appears in 1 contract
Samples: Novastar Financial Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided, that such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Bonds shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Bonds so authenticated, authenticated with the same effect as if such successor trustee had itself authenticated such Bonds; and in case at that time any Securities of the Bonds shall not have been authenticated, any successor to the Trustee trustee may authenticate such Securities Bonds either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, trustee; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Bonds or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Bonds in the name of any predecessor trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such 41 successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any 78 71 Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: 8 Indenture (Hartford Life Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in . In all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture Indenture; provided that the certificate of authentication the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Dti Holdings Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person Corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person Corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person Corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunderhereunder (provided that such Corporation shall otherwise be qualified and eligible under this Article Six), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, authenticated but not delivered, delivered by the Trustee then in office, any such successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. In case any Securities shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate and deliver such Securities in either in the its own name or that of any its predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Washington Prime Group Inc.
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Indenture (Bankamerica Corp/De/)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article 6, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise eligible and qualified under Section 6.08, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case at any Securities time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes have been authenticated, but not delivered, by the Trustee then in office, any successor successor, by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 by succeeding to all or substantially all the corporate trust business of the Trustee, to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Notes; provided, and in case that the right to adopt the certificate of authentication of any Securities shall not have been authenticated, any successor predecessor Trustee or to the Trustee may authenticate such Securities either Notes in the name of any predecessor Trustee shall apply only to its successor or in the name of such successor Trusteesuccessors by merger, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities conversion or in this Indenture that the certificate of the Trustee shall have.consolidation. ARTICLE SEVEN
Appears in 1 contract
Samples: Corporate Realty Consultants Inc
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall will have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but ---------- not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 ----------- to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Indenture (First Banks, Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, . without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: State National Bancshares, Inc.
