eligible under Section 1009 hereof, shall be and become successor
<br />• Trustee hereunder, vested with all of the title to the whole
<br />property or trust estate and all the trusts, powers, discretion,
<br />immunities, privileges and all other matters as was its predecessor
<br />under this Indenture, without the execution or filing of any
<br />instrument or any further act, deed or conveyance on the part of
<br />any of the parties hereto, anything herein to the contrary
<br />notwithstanding.
<br />Section 1009. Trustee Required; Eligibility. There
<br />shall at all times be a Trustee hereunder which shall (a) be a
<br />commercial bank or trust company organized under the laws of the
<br />United States of America or the State of Indiana (other than the
<br />Credit Facility Issuer), authorized to exercise corporate trust
<br />powers, subject to supervision or examination by federal or state
<br />authorities, (b) have a reported combined capital and surplus of
<br />not less than $50,000,000, (c) agree with the Credit Facility
<br />Issuer to act as custodian agent or bailee for the Credit Facility
<br />Issuer with respect to Pledged Bonds, which agreement may be with
<br />the Tender Agent and is satisfied by the Pledge Agreement, and
<br />(d) have obtained all federal, state and local governmental,
<br />public, and regulatory authority approvals, consents, notices,
<br />authorizations, registrations, licenses, exemptions, and filings
<br />that are required to have been obtained or made by Trustee with
<br />respect to the authorization, execution, delivery, and performance
<br />by, or the enforcement against or by, Trustee of the Indenture,
<br />• which are in full force and effect and all conditions of such
<br />approvals, consents, notices, authorizations, registrations,
<br />licenses, exemptions, and filings have been fully complied with.
<br />If at any time the Trustee shall cease to be eligible in accordance
<br />with the provisions of this Section, it shall resign immediately
<br />in the manner provided in Section 910 hereof. No resignation or
<br />removal of the Trustee and no appointment of a successor Trustee
<br />shall become effective until the successor Trustee has accepted its
<br />appointment under Section 1014 hereof and the Trustee has delivered
<br />the Credit Facility then in effect, if any, to the successor
<br />Trustee.
<br />Section 1010. Resignation by the Trustee. Subject to
<br />Section 1009 hereof, the Trustee and any successor Trustee may at
<br />any time resign from the trusts created by this Indenture by
<br />executing any instrument in writing resigning such trusts and
<br />specifying the date when such resignation shall take effect, and
<br />filing the same with the Authority -the Tender Agent, the
<br />Remarketing Agent and the Credit Facility Issuer not less then
<br />45 days before the date specified in such instrument when such
<br />resignation shall take effect, but in no event shall such date of
<br />resignation be effective prior to the appointment of a successor
<br />Trustee, and by giving notice of such resignation by first class
<br />mail, postage prepaid, not less than 20 days prior to such
<br />resignation date, to each registered owner of Bonds then
<br />outstanding, as shown by the Bond Register.
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