Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 322 contracts
Samples: Indenture (Sunnova Energy International Inc.), Indenture (Infinera Corp), Indenture (Ventoux CCM Acquisition Corp.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be otherwise eligible and qualified under the provisions of Section 7.08this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures 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 Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 56 contracts
Samples: Indenture (ACA Capital Holdings Inc), Indenture (Southern Heritage Bancorp Inc), Indenture (MortgageIT Holdings, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities or in this Indenture provided elsewhere provides that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 44 contracts
Samples: Indenture (Onbancorp Inc), Indenture (Ml Bancorp Inc), Indenture (Safeco Corp)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 33 contracts
Samples: Indenture (Affirm Holdings, Inc.), Indenture (Jamf Holding Corp.), Indenture (Porch Group, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates of authentication shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of authentication 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 32 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (CONMED Corp), Indenture (Galaxy Digital Holdings Ltd.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 25 contracts
Samples: Indenture (Bilibili Inc.), Indenture (Sea LTD), Indenture (Trip.com Group LTD)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted exchanged or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion exchange or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 11.09 and eligible under the provisions of Section 7.0811.10. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion exchange or consolidation.
Appears in 14 contracts
Samples: Indenture (Jazz Pharmaceuticals PLC), Indenture (Jazz Pharmaceuticals PLC), Atlas Corp.
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.087.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 9 contracts
Samples: Indenture (Palo Alto Networks Inc), Indenture (Veoneer, Inc.), Indenture (Veoneer, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 9 contracts
Samples: Indenture (TPG Specialty Lending, Inc.), Indenture (Hercules Capital, Inc.), Indenture (Goldman Sachs BDC, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 9 contracts
Samples: Indenture (Spectrasite Holdings Inc), Please Insert Social Security (Brocade Communications Systems Inc), Indenture (Imclone Systems Inc/De)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.087.07. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 8 contracts
Samples: Indenture (Pra Group Inc), Encore Capital Group Inc, Indenture (Encore Capital Group Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 8.08 and eligible under the provisions of Section 7.088.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 8 contracts
Samples: Indenture (Sina Corp), Indenture (WEIBO Corp), Indenture (Salix Pharmaceuticals LTD)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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; hereto provided that in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity corporations shall be otherwise qualified and eligible under the provisions of Section 7.08this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities or in this Indenture provided elsewhere provides that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 7 contracts
Samples: Indenture (Spinnaker Exploration Co), Indenture (Continental Airlines Finance Trust Iii), Illinois Power Co
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 7 contracts
Samples: Indenture (Electroglas Inc), Indenture (Electroglas Inc), Securities Purchase Agreement (Rockford Corp)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 6.08 and eligible under the provisions of Section 7.086.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; , and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 6 contracts
Samples: Forest City Enterprises Inc, Forest City Enterprises Inc, Forest City Enterprises Inc
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.08 and eligible under the provisions of Section 7.088.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 6 contracts
Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.), Supplemental Indenture (Horizon Lines, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 11.09 and eligible under the provisions of Section 7.0811.10. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 5 contracts
Samples: Warrant Agreement (Gevo, Inc.), Hc2 Holdings, Inc., Exchange and Purchase Agreement (Gevo, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which ------------------------- the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any such -------- corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be otherwise eligible and qualified under the provisions of Section 7.08this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures 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 Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 5 contracts
Samples: Indenture (First Banks, Inc), Indenture (First Banks Inc), Indenture (First Banks, Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, party or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes 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 Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 5 contracts
Samples: Indenture (Baltimore Gas & Electric Co), Consolidation, Merger and Sale (Baltimore Gas & Electric Co), Baltimore Gas & Electric Co
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be otherwise eligible and qualified under the provisions of Section 7.08this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures 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 Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 5 contracts
Samples: Indenture (James River Group, INC), Indenture (Tower Group, Inc.), Indenture (Safe Auto Group, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities of any series shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities of such series 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 Trustee or to authenticate Notes Securities of any series in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 5 contracts
Samples: Indenture (Nb Capital Trust I), Indenture (Citicorp), Indenture (Phillips Petroleum Co)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.08 and eligible under the provisions of Section 7.088.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 5 contracts
Samples: Indenture (Alaska Communications Systems Group Inc), Indenture (Radioshack Corp), Indenture (Penson Worldwide Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to the Trustee hereunder under this Indenture without the execution or filing of any paper or any further act on the part of any of the parties heretoto this Indenture; provided that in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder under this Indenture or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 5 contracts
Samples: Purchase Agreement (Quotient LTD), Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 10.09 and eligible under the provisions of Section 7.0810.10. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or Securities in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes Securities or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 5 contracts
Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 8.08 and eligible under the provisions of Section 7.088.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or Debentures in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes Debentures or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Mentor Graphics Corp), Mentor Graphics Corp, Mentor Graphics Corp
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have; providedPROVIDED, howeverHOWEVER, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Ibasis Inc), Indenture (Ibasis Inc), Indenture (Ibasis Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.08 and eligible under the provisions of Section 7.088.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Maverick Tube Corporation), Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes 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 Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp), Indenture (Proassurance Corp)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this IndentureIndenture with respect to one or more series of Debt Securities, any of the Notes such Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, Trustee and deliver such Notes Debt Securities so authenticated; and in case at that time any of the Notes Debt Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debt Securities either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes such Debt 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 Trustee or to authenticate Notes Debt Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Cooper Industries, Ltd.), Indenture (Cooper Crouse-Hinds, LLC), Indenture (Cooper Industries LTD)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 10.09 and eligible under the provisions of Section 7.0810.10. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Digital Turbine Usa, Inc.), Indenture (Digital Turbine, Inc.), Indenture (Digital Turbine, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities of any series shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities of such series 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 Trustee or to authenticate Notes Securities of any series in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Countrywide Financial Corp), Indenture (Unifi Inc), Indenture (Countrywide Capital Ii)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates of authentication shall have the full force which it is anywhere in the Notes or in this Indenture Indenture; provided that the certificate of authentication of the Trustee shall have; provided, however, that have 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 4 contracts
Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Sepracor Inc /De/), Indenture (Alkermes Inc), Indenture (Alkermes Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 8.08 and eligible under the provisions of Section 7.088.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Mentor Graphics Corp), Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or to which the Trustee may sell or transfer all or substantially all of its corporate trust business, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 4 contracts
Samples: Indenture (Cazoo Group LTD), Indenture (3d Systems Corp), Rockley Photonics Holdings LTD
Succession by Merger, Etc. Any corporation or other entity into which the ------------------------- Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity -------- shall be otherwise eligible and qualified under the provisions of Section 7.08this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures 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 Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Intervest Bancshares Corp), Indenture (Alabama National Bancorporation), Indenture (New South Bancshares Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate Certificate of authentication Authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities of any series shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities of such series or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate Certificate of authentication Authentication of any predecessor trustee Trustee or to authenticate Notes Securities of any series in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Countrywide Financial Corp), Indenture (Countrywide Home Loans Inc), Municipal Mortgage & Equity LLC
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Bonds shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Bonds so authenticated; and in case at that time any of the Notes Bonds shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Bonds either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes 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 Notes Bonds in the name of any predecessor trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Transocean Inc), Transocean Ltd., Transocean Inc
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this the Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this the Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this the 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 3 contracts
Samples: Indenture (Assertio Therapeutics, Inc), Assertio Therapeutics, Inc, First Supplemental Indenture (Depomed Inc)
Succession by Merger, Etc. Any corporation organization or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation organization or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation organization or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation organization or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation organization or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 3 contracts
Samples: Indenture (Xometry, Inc.), Indenture (Confluent, Inc.), Indenture (Unity Software Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes 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 Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: State National Companies, Inc., Indenture (James River Group, INC), Indenture (James River Group, INC)
Succession by Merger, Etc. Any corporation or other entity into which the Debenture Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion merger or consolidation to which the Debenture Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Debenture Trustee, shall be the successor to of the Debenture 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case any Securities shall have been authenticated but not delivered at the time such successor to the Debenture Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Debenture Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Debenture Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities or in this Indenture provided elsewhere provides that the certificate of the Debenture Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Debenture Trustee or to authenticate Notes Securities in the name of any predecessor trustee Debenture Trustee shall apply only to its successor or successors by merger, conversion merger or consolidation.
Appears in 3 contracts
Samples: Indenture (Hamilton Capital Trust I), Indenture (CNBF Capital Trust I), Indenture (Hamilton Capital Trust I)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any Securities of the Notes any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities of any series shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities of that series or in this Indenture provided elsewhere provides that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Securities of any series in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Sterling Bancshares Inc), Sterling Bancshares Capital Trust Ii, Sterling Bancshares Capital Trust Ii
Succession by Merger, Etc. Any corporation or other entity into which the Debt Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Debt Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Debt Trustee, shall be the successor to of the Debt 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case case, at the time such successor to the Debt Trustee shall succeed to the trusts created by this Indenture, Debt Securities of any of the Notes series shall have been authenticated but not delivered, any such successor to the Debt Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debt Securities so authenticated; and in case at that time any Debt Securities of the Notes any series shall not have been authenticated, any successor to the Debt Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debt Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes such Debt Securities or in this Indenture provided elsewhere provides that the certificate of authentication of the Debt Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Debt Trustee or to authenticate Notes Debt Securities in the name of any predecessor trustee Debt Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Suntrust Banks Inc), Satisfaction and Discharge (Suntrust Capital Iv), Satisfaction And (Suntrust Capital Ii)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee PROVIDED such corporation or other entity shall be otherwise eligible and qualified under the provisions of Section 7.08this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures or in this Indenture provided that the certificate of the Trustee shall have; providedPROVIDED, howeverHOWEVER, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Fpic Insurance Group Inc), Indenture (Bankatlantic Bancorp Inc), Indenture (Bancinsurance Corp)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 6.08 and eligible under the provisions of Section 7.086.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; , and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Sandisk Corp), Sandisk Corp, Network Equipment Technologies Inc
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debt Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Debt Securities so authenticated; and in case at that time any of the Notes Debt Securities of any series shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debt Securities either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debt Securities of such series 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 Trustee or to authenticate Notes Debt Securities of any series in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Union Planters Corp), Indenture (Marshall & Ilsley Corp/Wi/), Indenture (Pxre Corp)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to of the Trustee hereunder provided such corporation shall be qualified under the provisions of Section 8.08 and eligible under the provisions of Section 8.09 without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any Securities of the Notes any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities of any series so authenticated; and in case at that time any of the Notes Securities of any series shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities of any series either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities of any series 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 Securities of any series in the name of any predecessor trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Atlantic Richfield Co /De), Indenture (Lyondell Chemical Co), Indenture (Atlantic Richfield Co /De)
Succession by Merger, Etc. Any corporation or other entity into which the --------------------------- Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity -------- shall be otherwise eligible and qualified under the provisions of Section 7.08this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures 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 Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Florida Banks Inc), Indenture (Intervest Bancshares Corp), Indenture (Gateway Bancshares Inc /Ga/)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities of any series shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities of such series 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 Trustee or to authenticate Notes Securities of any series in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Masco Corp /De/), Masco Corp /De/, Masco Corp /De/
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this the Indenture), shall be the successor to 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, however, that in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this the Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is has anywhere in the Notes or in this the Indenture provided that the certificate of the Trustee shall have; provided, however, that have 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: Indenture (GSV Capital Corp.), First Supplemental Indenture (GSV Capital Corp.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteenote registrar, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee Note Registrar may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee Note Registrar shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee note registrar 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: And (NIO Inc.), Indenture (NIO Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Debenture Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Debenture Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Debenture Trustee, shall be the successor to of the Debenture 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Debenture Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Debenture Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Debenture Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities or in this Indenture provided elsewhere provides that the certificate of the Debenture Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Debenture Trustee or to authenticate Notes Securities in the name of any predecessor trustee Debenture Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Webster Capital Trust Ii), Indenture (Commerce Capital Trust Ii)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have; providedPROVIDED, howeverHOWEVER, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (National Semiconductor Corp), Iomega Corp
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 12.09 and eligible under the provisions of Section 7.0812.10. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or Securities in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes Securities or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Evergreen Solar Inc), Supplemental Indenture (Evergreen Solar Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be -47- a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; authenticated and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; trustee and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall haveSecurities and this Indenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: System Software (System Software Associates Inc), Securities Purchase Agreement (System Software Associates Inc)
Succession by Merger, Etc. Any corporation or other entity ------------------------- into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: E Trade Group Inc, E Trade Group Inc
Succession by Merger, Etc. Any corporation or other entity into which the Trustee or Agent may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee or Agent shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee or the Agent, as the case may be (including the administration of this Indenture), shall be the successor to the Trustee or the Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; , provided that in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee or the Agent (as applicable), such corporation or other entity shall be eligible under the provisions of Section 7.0811.08. In case at the time such successor to the Trustee or the Agent, as the case may be, shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee or Agent may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeagent, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee Authenticating Agent may authenticate such Notes either in the name of any predecessor trustee or agent hereunder or in the name of the successor trusteetrustee or agent; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee Authenticating Agent shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Authenticating Agent or to authenticate Notes in the name of any predecessor trustee Authenticating Agent shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Proofpoint Inc), Indenture (Proofpoint Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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.this
Appears in 2 contracts
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes so authenticated; authenticated and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee Trustee may authenticate such Notes either in the name of any predecessor trustee Trustee hereunder or in the name of the successor trustee; Trustee and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have; 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 Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Purchase Agreement (Alterra Healthcare Corp), Kellstrom Industries Inc
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 7.8 and eligible under the provisions of Section 7.087.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures 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 Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Flowers Industries Inc /Ga), Indenture (Flowers Industries Inc /Ga)
Succession by Merger, Etc. Any corporation or other entity Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity Person succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case any Debentures shall have been authenticated but not delivered at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures or in this Indenture provided elsewhere provides that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (New York Community Bancorp Inc), Indenture (New York Community Bancorp Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 9.09 and eligible under the provisions of Section 7.089.10. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or Securities in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes Securities or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Macrovision Corp, Dexcom Inc
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 11.09 and eligible under the provisions of Section 7.0811.10. 148 In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Gevo, Inc.), Registration Rights Agreement (Gevo, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Debenture Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion merger or consolidation to which the Debenture Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Debenture Trustee, shall be the successor to of the Debenture 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Debenture Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Debenture Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Debenture Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities or in this Indenture provided elsewhere provides that the certificate of the Debenture Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Debenture Trustee or to authenticate Notes Securities in the name of any predecessor trustee Debenture Trustee shall apply only to its successor or successors by merger, conversion merger or consolidation.
Appears in 2 contracts
Samples: Indenture (Banknorth Capital Trust I), Indenture (Telebanc Capital Trust I)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted exchanged or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion exchange or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 11.08 and eligible under the provisions of Section 7.0811.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion exchange or consolidation.
Appears in 2 contracts
Samples: Indenture (Teligent, Inc.), Teligent, Inc.
Succession by Merger, Etc. Any corporation or other entity into which the Debenture Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Debenture Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Debenture Trustee, shall be the successor to of the Debenture 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Debenture Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Junior Subordinated Debentures shall have been authenticated but not delivered, any such successor to the Debenture Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Junior Subordinated Debentures so authenticated; and in case at that time any of the Notes Junior Subordinated Debentures shall not have been authenticated, any successor to the Debenture Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Junior Subordinated Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Junior Subordinated Debentures or in this Indenture provided elsewhere provides that the certificate of the Debenture Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Debenture Trustee or to authenticate Notes Junior Subordinated Debentures in the name of any predecessor trustee Debenture Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Satisfaction And (Mainstreet Bankgroup Inc), Mainstreet Bankgroup Inc
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be eligible under the provisions of Section 7.087.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent Authentication Agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an authenticating agent Authentication Agent appointed by such successor trustee may may, upon receipt of a Company Order, authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this IndentureIndenture with respect to one or more Series of Debt Securities, any of the Notes such Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, Trustee and deliver such Notes Debt Securities so authenticated; and in case at that time any of the Notes Debt Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debt Securities either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes such Debt 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 Trustee or to authenticate Notes Debt Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Coca-Cola Consolidated, Inc.), Indenture (Nucor Corp)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.08 and eligible under the provisions of Section 7.088.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures 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 Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Blackrock Inc /Ny, Indenture (Lifepoint Hospitals, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be otherwise eligible and qualified under the provisions of Section 7.08this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Debt Securities so authenticated; and in case at that time any of the Notes Debt Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debt Securities either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debt 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 Trustee or to authenticate Notes Debt Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (American Safety Insurance Group LTD), Hf Financial Corp
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be otherwise eligible and qualified under the provisions of Section 7.08this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Debt Securities so authenticated; and in case at that time any of the Notes Debt Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debt Securities either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debt 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 Trustee or to authenticate Notes Debt Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Tib Financial Corp., Indenture (Home Bancshares Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 11.09 and eligible under the provisions of Section 7.0811.10. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or Securities in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes Securities or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Verigy Ltd.), Indenture (Inverness Medical Innovations Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures 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 Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Succession by Merger, Etc. Any corporation or other business entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to of the Trustee hereunder hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures 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 Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such a successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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: Indenture (Aurora Cannabis Inc), Indenture (Colliers International Group Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08Section 7.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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: Indenture (PTC Therapeutics, Inc.), Indenture (Cypress Semiconductor Corp /De/)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be otherwise eligible and qualified under the provisions of Section 7.08this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debt Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Debt Securities so authenticated; and in case at that time any of the Notes Debt Securities of any series shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debt Securities either in the name of any predecessor trustee hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debt Securities of such series 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 Trustee or to authenticate Notes Debt Securities of any series in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (National Commerce Capital Trust I), Indenture (Mercantile Capital Trust I)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged merged, amalgamated, or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, amalgamation, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is provided anywhere in the Notes or in this Indenture provided that the certificate certificates 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, amalgamation, conversion or consolidation.
Appears in 2 contracts
Samples: Invacare Corp, Invacare Corp
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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. No resigned or removed Trustee shall have any liability or responsibility for any action or inaction of a successor trustee.
Appears in 2 contracts
Samples: Avid Technology, Inc., Avid Technology, Inc.
Succession by Merger, Etc. Any corporation or other entity Person into which the Debenture Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity Person resulting from any merger, conversion or consolidation to which the Debenture Trustee shall be a party, or any corporation or other entity Person succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Debenture Trustee, shall be the successor to of the Debenture 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case any Securities shall have been authenticated but not delivered at the time such successor to the Debenture Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Debenture Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Debenture Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities or in this Indenture provided elsewhere provides that the certificate of the Debenture Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Debenture Trustee or to authenticate Notes Securities in the name of any predecessor trustee Debenture Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Nara Bancorp Inc), New York Community Bancorp Inc
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.088.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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: Indenture (Euronet Worldwide Inc), Ensco PLC
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be qualified under the provisions of Section 12.08 and eligible under the provisions of Section 7.0812.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or Securities in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes Securities or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, however that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Microchip Technology Inc), Indenture (Verisign Inc/Ca)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenturetrust created hereunder), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: International Shipholding Corp, International Shipholding Corp
Succession by Merger, Etc. Any corporation or other entity into which the Debt Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Debt Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Debt Trustee, shall be the successor to of the Debt 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Debt Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities of any series shall have been authenticated but not delivered, any such successor to the Debt Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities of any series shall not have been authenticated, any successor to the Debt Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Securities of such series or in this Indenture provided that the certificate of the Debt Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Debt Trustee or to authenticate Notes Securities of any series in the name of any predecessor trustee Debt Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (General Motors Corp), Indenture (General Motors Capital Trust D)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Financial Federal Corp, Financial Federal Corp
Succession by Merger, Etc. Any corporation or other entity Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity Person succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to the Trustee hereunder under this Indenture without the execution or filing of any paper or any further act on the part of any of the parties hereto; to this Indenture provided that in such Person shall be qualified under the case provisions of any corporation or other entity succeeding to all or substantially all Section 310(b) of the corporate trust business of the Trustee such corporation or other entity shall be Trust Indenture Act and eligible under the provisions of Section 7.085.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trusteeTrustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder Trustee under this Indenture or in the name of the successor trusteeTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.. ARTICLE SIX
Appears in 2 contracts
Samples: Indenture (Synovus Financial Corp), Synovus Financial Corp
Succession by Merger, Etc. Any corporation or other entity national banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity national banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to of the Trustee hereunder hereunder; provided, that such corporation or national banking association shall be otherwise qualified and eligible under this Article to act as 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes 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 Trustee or to authenticate Notes Securities in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (J P Morgan Chase & Co), J P Morgan Chase & Co
Succession by Merger, Etc. Any corporation or other entity into which the a Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the a Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the a Trustee (including the administration of this Indenture), shall be the successor to the a 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of a Trustee (other than the Trustee Canadian Trustee) such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such a successor to the a Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the a Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the a Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the U.S. 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: Canopy Growth Corp, Canopy Growth Corp
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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. Section 7.12.
Appears in 2 contracts
Samples: Eagle Bulk Shipping Inc., Indenture (Scorpio Tankers Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Securities either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes 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 Notes 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
Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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.45
Appears in 1 contract
Samples: Indenture (Five9, Inc.)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is has anywhere in the 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: Indenture (Harmonic Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates of authentication shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of authentication 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.. Section 7.12
Appears in 1 contract
Samples: Indenture (Hope Bancorp Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of any trust created by this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, such corporation or other entity shall be 82 92 qualified under the provisions of Section 8.8 and eligible under the provisions of Section 7.088.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an any authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it that is anywhere provided in the Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Conexant Systems Inc)
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture)Trustee, shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 6.08 and eligible under the provisions of Section 7.086.09 hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Surplus Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Surplus Notes so authenticated; and in case at that time any of the Surplus Notes shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Surplus Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Surplus 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 Trustee or to authenticate Surplus Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Pma Capital Corp
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 that, in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be qualified under the provisions of Section 8.08 and eligible under the provisions of Section 7.088.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the 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 Trustee or to authenticate Notes in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: MF Global Ltd.
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any 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 Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is provided anywhere in the Notes or in this Indenture provided that the certificate certificates 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: Invacare Corp
Succession by Merger, Etc. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to 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 in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Debentures 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 Trustee or to authenticate Notes Debentures in the name of any predecessor trustee Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
