Common use of Successor or Transferee Clause in Contracts

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1069 contracts

Samples: Indenture (Duke Energy Progress SC Storm Funding LLC), Indenture (CarMax Auto Owner Trust 2024-2), Indenture (Carmax Auto Funding LLC)

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Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.16(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 222 contracts

Samples: Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3), Indenture (Homebanc Corp)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had has been named as the Issuer herein.

Appears in 72 contracts

Samples: Indenture (Harley-Davidson Motorcycle Trust 2023-B), Indenture (Harley-Davidson Motorcycle Trust 2023-B), Indenture (Harley-Davidson Motorcycle Trust 2023-A)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a)3.10, the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall will succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer hereinin this Indenture.

Appears in 54 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2014-A), Indenture (Ford Credit Auto Lease Trust 2014-A), Indenture (Ford Credit Auto Owner Trust 2014-A)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer or transfer of all or substantially all of its properties or assets in accordance with Section 3.10(a)3.10, the Person person formed by or surviving such the consolidation or merger (if other than the Issuer) or to which the transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person it had been named as the Issuer hereinin this Indenture.

Appears in 51 contracts

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.09(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 38 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2023-A), Indenture (Mercedes-Benz Auto Lease Trust 2023-A), Indenture (Mercedes-Benz Auto Lease Trust 2021-B)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a)3.10, the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 29 contracts

Samples: Indenture (MP Environmental Funding LLC), Indenture (JCP&L Transition Funding II LLC), Indenture (MP Environmental Funding LLC)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a310(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 26 contracts

Samples: Administration Agreement (Honda Auto Receivables 2004-3 Owner Trust), Honda Auto Receivables 2005-3 Owner Trust, Honda Auto Receivables 2005-4 Owner Trust

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.11(l), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of and have every obligation of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 26 contracts

Samples: Indenture (GE TF Trust), Indenture (GE TF Trust), Indenture (GE Equipment Midticket LLC, Series 2014-1)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.09(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had has been named as the Issuer herein.

Appears in 26 contracts

Samples: Pooling and Servicing Agreement (Cit Funding Co, LLC), Indenture (NCT Funding Co LLC), Indenture (Cit Equipment Collateral 2003-Vt1)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.19(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 24 contracts

Samples: Indenture (Hercules Capital, Inc.), Indenture (Horizon Technology Finance Corp), Indenture (Hercules Capital, Inc.)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.15(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 21 contracts

Samples: Master Agreement (Home Equity Mortgage Trust 2006-2), Indenture (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A), Home Equity Mortgage Trust 2007-1

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer or transfer all or substantially all of its properties or assets in accordance with Section 3.10(a)3.10, the Person person formed by or surviving such the consolidation or merger (if other than the Issuer) or to which the transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person it had been named as the Issuer hereinin this Indenture.

Appears in 18 contracts

Samples: Indenture (Cwabs Inc), Indenture (Cwabs Inc), Indenture (Cwabs Inc Revolving Home Eq Loan Ast Back Notes Ser 2003-D)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a)3.16(a) above, the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 16 contracts

Samples: Indenture (Fund America Investors Corp Ii), Indenture (Household Mortgage Loan Trust 2003-Hc1), Chec Funding LLC

Successor or Transferee. (a) Upon a)Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.16(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 14 contracts

Samples: GMACM Home Equity Loan Trust 2006-He2, Gmacm Home Equity Loan Trust 2005-He1, GMACM Home Equity Loan Trust 2006-He1

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 13 contracts

Samples: Satisfaction and Discharge of Indenture (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Wells Fargo Financial Auto Owner Trust 2005-A, Indenture (Wells Fargo Auto Receivables Corp)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.13(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 10 contracts

Samples: Indenture (Aegis Asset Backed Securities Corp), Indenture (Ace Securities Corp Home Loan Trust 1999 a Asset Backed Note), Nomura Asset Acceptance Corp

Successor or Transferee. (a) Upon any consolidation or ----------------------- merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 10 contracts

Samples: Indenture (Deutsche Recreational Asset Funding Corp), SLM Funding Corp, SLM Funding Corp

Successor or Transferee. (a) Upon If there is any consolidation or merger of the Issuer in accordance with Section 3.10(a)3.10, the Person formed by or surviving such the consolidation or merger (if other than the Issuer) shall will succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such the Person had been named as the Issuer hereinin this Indenture.

Appears in 8 contracts

Samples: Indenture (Ford Credit Auto Owner Trust 2015-B), Indenture (Ford Credit Auto Owner Trust 2015-B), Indenture (Ford Credit Auto Owner Trust 2015-A)

Successor or Transferee. (a) Upon On any consolidation or merger of the Issuer in accordance with Section 3.10(a)3.10, the Person formed by or surviving such the consolidation or merger (if other than the Issuer) shall will succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such that Person had been named as the Issuer hereinin this Indenture.

Appears in 7 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2015-B), Indenture (Ford Credit Auto Lease Trust 2015-B), Indenture (Ford Credit Auto Lease Trust 2015-A)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture and the Series Supplement with the same effect as if such Person had been named as the Issuer herein.

Appears in 7 contracts

Samples: Indenture (HSBC Automotive Trust (USA) 2006-1), Indenture (HSBC Automotive Trust (USA) 2007-1), Indenture (Household Auto Receivables Corp)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(asubsection 3.19(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 7 contracts

Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.12(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall shall, following the Issuer’s satisfaction of all of the conditions precedent set forth therein with respect thereto, succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 6 contracts

Samples: Indenture (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-9), Indenture (Luminent Mortgage Trust 2005-1), Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5)

Successor or Transferee. (a) Upon any consolidation ----------------------- or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 5 contracts

Samples: Indenture (SLM Funding Corp), Asset Backed Securities Corp, SLM Funding Corp

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.08(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had has been named as the Issuer herein.

Appears in 4 contracts

Samples: Indenture (Cit Funding Co, LLC), Indenture (CIT Equipment Collateral 2008-Vt1), Cit Equipment Collateral 2006-Vt2

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.10(l), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of and have every obligation of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 4 contracts

Samples: Indenture (Cef Equipment Holding LLC), Indenture (Cef Equipment Holding Ge Commerical Equip Fin Series 2004-1), Cef Equipment Holding LLC

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture and each Series Supplement with the same effect as if such Person had been named as the each Issuer herein.

Appears in 4 contracts

Samples: Indenture (Household Auto Receivables Corp), Servicing Agreement (Household Auto Receivables Corp), Household Auto Receivables Corp

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a)3.17, the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had has been named as the Issuer herein.

Appears in 4 contracts

Samples: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.12(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall shall, following the Issuer's satisfaction of all of the conditions precedent set forth therein with respect thereto, succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 4 contracts

Samples: Merrill Lynch Mortgage Investors Trust, Series 2005-2, Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2, Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a)3.17, the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had has been named as the Issuer herein.

Appears in 3 contracts

Samples: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 3 contracts

Samples: World Omni Auto Receivables Trust 2005-B, Servicing Agreement (Navistar Financial Corp), SLM Funding Corp

Successor or Transferee. (a1) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Indenture (Credit Acceptance Corp), Credit Acceptance Corp

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Master Indenture and each Indenture Supplement with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Daimlerchrysler Services North America LLC, Daimlerchrysler Services North America LLC

Successor or Transferee. (a) (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Indenture (Hyundai Abs Funding Corp), Indenture (Hyundai Abs Funding Corp)

Successor or Transferee. (a) Upon any consolidation or merger of either of the Issuer Issuers in accordance with Section 3.10(a)6.13, the Person formed by or surviving such consolidation or merger (if other than the such Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the such Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Unicapital Corp, HPSC Inc

Successor or Transferee. (a) Upon any consolidation or ----------------------- merger of the Issuer in accordance with Section 3.10(a3.19(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Master Servicing Agreement (Provident Bank), Master Servicing Agreement (Indymac Abs Inc)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.20(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall shall, following the Issuer’s satisfaction of all of the conditions precedent set forth therein with respect thereto, succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2005-4)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.14(b), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted sub- stituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-2), Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-1)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Indenture (CarMax Auto Owner Trust 2012-2), Indenture (CarMax Auto Owner Trust 2012-1)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a)3.10, the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall will succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture and each Indenture Supplement with the same effect as if such Person had been named as the Issuer hereinin this Indenture and each Indenture Supplement.

Appears in 2 contracts

Samples: Ford Credit Floorplan LLC, Ford Credit Floorplan Corp

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.9(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Bluegreen Corp, Bluegreen Corp

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.16(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted sub- stituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Indenture (Novastar Mortgage Funding Corp), Servicing Agreement (Novastar Mortgage Funding Corp)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a)3.10 and upon satisfaction of each of the conditions specified in Section 3.10, the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Successor or Transferee. (a) Upon any ----------------------- consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Indenture (SLM Funding Corp), Indenture (SLM Funding Corp)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person it had been named as the Issuer herein.

Appears in 2 contracts

Samples: Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2024-1)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a) and upon satisfaction of each of the conditions specified in Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 2 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.14(b), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-1)

Successor or Transferee. (a) Upon any consolidation or merger ----------------------- of the Issuer in accordance with this Section 3.10(a3.16(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Servicing Agreement (Greenpoint Credit LLC)

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Successor or Transferee. (a) Upon any consolidation or ------------------------- merger of the Issuer in accordance with Section 3.10(a3.16(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp)

Successor or Transferee. (ai) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Indenture (Premier Auto Trust 1998 5)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a)3.10, the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, and be obligated to meet the requirements of the Issuer under this Indenture and the other Basic Documents with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Indenture (Consumer Portfolio Services Inc)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a)The Issuer shall not consolidate or merge with or into any other Person, unless, the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: PSNH Funding LLC

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(asubsection 3.19(a), the Person formed by or surviving such consolidation or ------------------ merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Indenture (MCG Capital Corp)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.16(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall shall, following the Issuer’s satisfaction of all of the conditions precedent set forth therein with respect thereto, succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2004-3)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.18(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Beneficial Mortgage Services Inc

Successor or Transferee. (a) Upon any consolidation ----------------------- or merger of the Issuer in accordance with Section 3.10(a), the Person formed by --------------- or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Indenture (World Omni Auto Receivables LLC)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a)3.19(a) hereof, the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Indenture (Horizon Technology Finance Corp)

Successor or Transferee. (af) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.13(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Credit Suisse First Boston Mortgage Securities Corp

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.10(j), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of and have every obligation of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer hereinoriginal Issuer.

Appears in 1 contract

Samples: Master Indenture (Smurfit-Stone Container Enterprises Inc)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.09(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.the

Appears in 1 contract

Samples: Uici

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.09(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture Agreement with the same effect as if such Person had has been named as the Issuer herein.

Appears in 1 contract

Samples: Trust Agreement (LTV Corp)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.,

Appears in 1 contract

Samples: Tia Indenture (Ford Credit Auto Receivables Two L P)

Successor or Transferee. (a) Upon any consolidation or merger ------------------------ of the Issuer in accordance with Section 3.10(a3.19(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Thornburg Mortgage Asset Corp

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.10(j), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of and have every obligation of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer hereinoriginal Issuer.

Appears in 1 contract

Samples: Master Indenture (CDF Funding, Inc.)

Successor or Transferee. (ax) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.11(l), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of and have every obligation of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Ge Equipment (GE TF Trust)

Successor or Transferee. (a) . (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Indenture (Long Beach Acceptance Corp)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a8.9(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Base Indenture (Uici)

Successor or Transferee. (a) Upon any consolidation ----------------------- or merger of the Issuer in accordance with Section 3.10(a3.18(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Administration Agreement (Merrill Lynch Mortgage Investors Inc)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture and the other Basic Documents with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Capital Auto Receivables Inc

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such --------------- consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Indenture (Volkswagen Dealer Finance LLC)

Successor or Transferee. (a) Upon any consolidation or ----------------------- merger of the Issuer in accordance with Section 3.10(a3.19(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture and any Terms Supplement with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: MCG Capital Corp

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(asubsection 8.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Indenture (A I Receivables Transfer Corp)

Successor or Transferee. (a) a. Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Indenture (Credit Acceptance Corp)

Successor or Transferee. (a) a Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: First Security Auto Owner Trust 1998-1

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.16(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Residential Funding Mortgage Securities Ii Inc

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.or

Appears in 1 contract

Samples: Ford Credit Auto Receivables Two L P

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a)Issuer, the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Indenture (Prudential Securities Secured Financing Corp)

Successor or Transferee. (a) Upon any consolidation or merger of the Issuer in accordance with Section 3.10(a3.16(a), the Person formed by or surviving such consolidation or merger (if other than the Issuer) shall succeed to, . and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: Administration Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Successor or Transferee. (a) Upon any consolidation or ----------------------- merger of the Issuer in accordance with Section 3.10(a), the Person formed by or --------------- surviving such consolidation or merger (if other than the Issuer) shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Appears in 1 contract

Samples: World Omni Auto Receivables LLC

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