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13068670v2 <br /> <br /> <br />45 <br /> <br />office of Trustee, or after the notice of resignation given pursuant to Section 8.15, the Holder of <br />any Bond hereby secured or any retiring Trustee may apply to any court of competent jurisdiction <br />to appoint a successor Trustee. Said court may thereupon, after such notice, if any, as such court <br />may deem proper and prescribe, appoint a successor Trustee. <br />Section 8.17 Transfer of Rights and Property to Successor Trustee. Every successor <br />Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor and also to <br />the Issuer an instrument in writing accepting such appointment hereunder, and thereupon such <br />successor, without any further act, deed or conveyance, shall become fully vested with all the <br />estates, properties, rights, powers, trusts, duties and obligations of its predecessor; but such <br />predecessor shall, nevertheless, on the written request of the Issuer or of its successor execute and <br />deliver an instrument transferring to such successor all the estate, properties, rights, powers and <br />trusts of such predecessor hereunder, and every predecessor trustee shall deliver all securities and <br />moneys held by it as Trustee hereunder to its successor. Should any assignment, conveyance or <br />instrument in writing from the Issuer be required by any successor Trustee for more fully and <br />certainly vesting in such successor Trustee the estates, rights, powers and duties hereby vested or <br />intended to be vested in the predecessor Trustee, any and all such assignments, conveyances and <br />instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer. <br />The resignation of any Trustee and the instrument or instruments removing any Trustee and <br />appointing a successor hereunder, together with all assignments, conveyances and other <br />instruments provided for in this Article shall, at the expense of the Issuer, be forthwith filed and/or <br />recorded by the successor Trustee in each recording office where the Indenture shall have been <br />filed and/or recorded. <br />Section 8.18 Co-Trustee. At any time or times, for the purpose of meeting any legal <br />requirements of any jurisdiction in which any part of the Trust Estate may at the time be located, <br />the Issuer and the Trustee shall have power to appoint one or more persons approved by the Trustee <br />either to act as co-trustee or co-trustees, jointly with the Trustee of all or any part of the Trust <br />Estate, or to act as separate trustee or separate trustees of all or any part of the Trust Estate, and to <br />vest in such person or persons, in such capacity, such title to the Trust Estate or any part thereof, <br />and such rights, powers, duties, trusts or obligations as the Issuer and the Trustee may consider <br />necessary or desirable, subject to the remaining provisions of this Section. <br />Upon the request of the Trustee or of the Holders of at least twenty-five per cent (25%) in <br />aggregate principal amount of Bonds outstanding hereunder, the Issuer shall for such purpose join <br />with the Trustee in the execution, delivery and performance of all instruments and agreements <br />necessary or proper to appoint the co-trustee. If the Issuer shall not have joined in such appointment <br />within fifteen (15) days after the receipt by it of a request so to do, or in case an Event of Default <br />shall have occurred and be continuing, the Trustee alone shall have power to make such <br />appointment. <br />The Issuer shall execute, acknowledge and deliver all such instruments as may be required <br />by any such co-trustee or separate trustee for more fully confirming such title, rights, powers, <br />trusts, duties and obligations to such co-trustee or separate trustee. <br />Every co-trustee or separate trustee shall, to the extent permitted by law but to such extent <br />only, be appointed subject to the following terms, namely: