Common use of Rights and Duties of Successor Company Clause in Contracts

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuer, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf of such Issuer to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such an Issuer is not the continuing Person, or disposition of all or substantially all of the assets of such an Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s its assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such the Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuer, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the Officers of such Issuer to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation consolidation or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuerthe Company’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf of such Issuer the Company to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition disposition, such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any such consolidation, amalgamation merger, sale, conveyance, transfer or merger where such Issuer is not other disposition and upon the continuing Personassumption by the successor corporation, or disposition by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of all or substantially the due and punctual payment of the principal of and premium, if any, and interest on all of the assets Securities of all series outstanding and the due and punctual performance of all of the covenants and conditions of this Indenture or established with respect to each series of the Securities pursuant to Section 2.01 to be kept or performed by the Company with respect to each series, such Issuer in accordance with Section 10.01, the Successor Company successor corporation shall succeed to and be substituted for such Issuer the Company, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and thereupon (provided, that in the case of a lease, the term of the lease is at least as long as the longest maturity of any Securities outstanding at such time) the predecessor entity corporation shall be released from relieved of all liabilities obligations and obligations covenants under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company or any other predecessor obligor on the Securities, any or all of the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Companysuch successor company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer the predecessor Company to the Trustee for authentication, and any Debt Securities which the Successor Company such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer the Partnership is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Partnership in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Partnership with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assetsthe assets of the Partnership. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Partnership, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Partnership and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Partnership, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf of such Issuer the Partnership to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or other disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation consolidation or merger where such Issuer is not the continuing Personmerger, or disposition of all conveyance or substantially all transfer of the assets of such Issuer the Partnership as an entirety or virtually as an entirety in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Partnership, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity Partnership shall be released from all liabilities and obligations obligations, and relieved of any further obligation, under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Partnership, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Partnership and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Partnership, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer the Partnership to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition conveyance such changes in phraseology and form (but not in substance) may be made in the Debt Securities appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation consolidation or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuerthe Company’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf of such Issuer the Company to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. hereof In case of any such consolidation, amalgamation, merger, sale or disposition disposition, such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation consolidation or merger where such Issuer is not the continuing Personmerger, or disposition of all conveyance or substantially all transfer of the assets of such Issuer the Company or the Guarantor as an entirety or substantially as an entirety in accordance with Section 10.0110.01 or Section 10.02, the Successor Company successor company shall succeed to and be substituted for such Issuer the Company or the Guarantor, as the case may be, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity corporation shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company successor company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company or the Guarantor, as the case may be, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Companysuccessor company, instead of such Issuerthe Company or the Guarantor, as the case may be, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities and Coupons, if any, appertaining thereto, which previously shall have been signed and delivered by or on behalf the officers of such Issuer the Company to the Trustee for authentication, and any Debt Securities and Coupons, if any, appertaining thereto, which the Successor Company successor company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities and Coupons, if any, appertaining thereto so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities and Coupons, if any, appertaining thereto theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities and Coupons had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition conveyance such changes in phraseology and form (but not in substance) may be made in the Debt Securities and Coupons, if any, appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any such consolidation, amalgamation merger, sale, conveyance, transfer or merger where such Issuer is not other disposition and upon the continuing Personassumption by the successor corporation, or disposition by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of all or substantially the due and punctual payment of the principal of, premium, if any, and interest on all of the assets Securities of all series outstanding and the due and punctual performance of all of the covenants and conditions of this Indenture or established with respect to each series of the Securities to be performed by the Company with respect to each series, such Issuer in accordance with Section 10.01, the Successor Company successor corporation shall succeed to and be substituted for such Issuer the Company, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and thereupon the predecessor entity corporation shall be released from relieved of all liabilities obligations and obligations covenants under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company or any other predecessor obligor on the Securities, any or all of the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Companysuch successor company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer the predecessor Company to the Trustee for authentication, and any Debt Securities which the Successor Company such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof. In case Nothing contained in this Indenture or in any of the Securities shall prevent the Company from merging into itself or acquiring by purchase or otherwise all or any part of the property of any such consolidation, amalgamation, merger, sale other corporation (whether or disposition such changes in phraseology and form (but not in substance) may be made in affiliated with the Debt Securities thereafter to be issued as may be appropriateCompany).

Rights and Duties of Successor Company. In case of any consolidation, amalgamation consolidation or merger where such Issuer is not the continuing Personmerger, or disposition of all conveyance or substantially all transfer of the assets of such Issuer the Company or the Guarantor as an entirety or substantially as an entirety in accordance with Section 10.0110.01 or Section 10.02, the Successor Company successor company shall succeed to and be substituted for such Issuer the Company or the Guarantor, as the case may be, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity corporation shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company successor company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company or the Guarantor, as the case may be, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Companysuccessor company, instead of such Issuerthe Company or the Guarantor, as the case may be, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities and Coupons, if any, appertaining thereto, which previously shall have been signed and delivered by or on behalf the officers of such Issuer the Company to the Trustee for authentication, and any Debt Securities and Coupons, if any, appertaining thereto, which the Successor Company successor company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities and Coupons, if any, appertaining thereto so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities and Coupons, if any, appertaining thereto theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities and Coupons had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition conveyance such changes in phraseology and form (but not in substance) may be made in the Debt Securities and Coupons, if any, appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger in respect of an Issuer where such Issuer is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s its assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuer, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or the officers of the General Partner on behalf of such Issuer the Partnership or of Finance Co, as applicable, to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation consolidation or merger where such Issuer is not the continuing Personmerger, or disposition of all conveyance or substantially all transfer of the assets of such Issuer the Company as an entirety or substantially as an entirety in accordance with Section 10.01, 10.01 the Successor Company successor company shall succeed to and be substituted for such Issuer the Company, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity corporation shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company successor company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Companysuccessor company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities and Coupons, if any, appertaining thereto, which previously shall have been signed and delivered by or on behalf the officers of such Issuer the Company to the Trustee for authentication, and any Debt Securities and Coupons, if any, appertaining thereto, which the Successor Company successor company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities and Coupons, if any, appertaining thereto so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities and Coupons, if any, appertaining thereto theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities and Coupons had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition conveyance such changes in phraseology and form (but not in substance) may be made in the Debt Securities and Coupons, if any, appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuerthe Company’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf of such Issuer the Company to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company in accordance with Section 10.0110.1, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuerthe Company’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf of such Issuer the Company to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation amalgamation, or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt SecuritiesNotes, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assetsthe assets of the Company. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities Notes issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions conditions, and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities Notes which previously shall have been signed and delivered by or the officers of the Managing Member on behalf of such Issuer the Company to the Trustee for authentication, and any Debt Securities Notes which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities Notes so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities Notes theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities Notes had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale sale, or other disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities Notes thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assetsthe assets of the Company. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions conditions, and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or the officers of the Managing Member on behalf of such Issuer the Company to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or other disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer is not the continuing Personamalgamation, merger, or disposition of all conveyance or substantially all transfer of the assets of such Issuer the Company as an entirety or virtually as an entirety in accordance with Section 10.0111.01, the Successor Company shall succeed to and be substituted for such Issuer the Company, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity corporation shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuerthe Company’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the TrusteeTrustees; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Appropriate Trustee shall authenticate and shall deliver any Debt Securities appertaining thereto, which previously shall have been signed and delivered by or on behalf the officers of such Issuer the Company to the Appropriate Trustee for authentication, and any Debt Securities appertaining thereto, which the Successor Company thereafter shall cause to be signed and delivered to the Appropriate Trustee for that purpose. All the Debt Securities appertaining thereto so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities appertaining thereto theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition conveyance such changes in phraseology and form (but not in substance) may be made in the Debt Securities appertaining thereto thereafter to be issued as may be appropriateappropriate and as evidenced in a supplemental Indenture in accordance with Article XI.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger in respect of the Issuer where such the Issuer is not the continuing Person, or disposition of all or substantially all of the assets of such the Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such the Issuer with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s its assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such the Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such the Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such the Issuer, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such the Issuer to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such the Issuer is not the continuing Person, or disposition of all or substantially all of the assets of such the Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such the Issuer with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such the Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such the Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such the Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such the Issuer, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf of such the Issuer to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s its assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer the Company to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case -------------------------------------- of any consolidation, amalgamation or merger where such Issuer is not the continuing Person, or disposition of all or substantially all of the assets of such respecting an Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer Issuer, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity Issuer shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuer, and subject to all the terms, conditions and limitations in this the Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer or its Managing General Partner, as the case may be, to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this the Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this the Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale merger or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assetsthe assets of the Company. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer the Company to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or other disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s its assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or the officers of the Company on behalf of such Issuer the Company to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer is not the continuing Person, or disposition of all or substantially all of respecting the assets of such Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Issuer, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity Issuer shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such the Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such the Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such the Issuer, and subject to all the terms, conditions and limitations in this the Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by the officers of the Issuer or on behalf of such Issuer its General Partner, as the case may be, to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this the Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this the Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale merger or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer is not the continuing Personmerger, or disposition of all by or substantially all of the assets of such involving an Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer Issuer, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity Issuer shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuer, and subject to all the terms, conditions and limitations in this the Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer or its Managing General Partner, as the case may be, to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this the Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this the Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamationmerger or disposition, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such the Issuer is not the continuing Person, or disposition of all or substantially all of the assets of such the Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such the Issuer with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s its assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such the Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such the Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such the Issuer, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the Officers of such Issuer to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any such consolidation, amalgamation merger, sale, conveyance, transfer or merger where such Issuer is not other disposition and upon the continuing Personassumption by the successor corporation, or disposition by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of all or substantially the due and punctual payment of the principal of, premium, if any, and interest on all of the assets Securities of all series outstanding and the due and punctual performance of all of the covenants and conditions of this Indenture or established with respect to each series of the Securities to be performed by the Company with respect to each series, such Issuer in accordance with Section 10.01, the Successor Company successor corporation shall succeed to and be substituted for such Issuer the Company, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and thereupon the predecessor entity corporation shall be released from relieved of all liabilities obligations and obligations covenants under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company or any other predecessor obligor on the Securities, any or all of the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Companysuch successor company, instead of such Issuerthe Company, and subject to all the terms, 63 conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer the predecessor Company to the Trustee for authentication, and any Debt Securities which the Successor Company such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof. In case Nothing contained in this Indenture or in any of the Securities shall prevent the Company from merging into itself or acquiring by purchase or otherwise all or any part of the property of any such consolidation, amalgamation, merger, sale other corporation (whether or disposition such changes in phraseology and form (but not in substance) may be made in affiliated with the Debt Securities thereafter to be issued as may be appropriateCompany).

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer is not the continuing Person, or disposition of all or substantially all of the assets of such respecting an Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer Issuer, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity Issuer shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuer, and subject to all the terms, conditions and limitations in this the Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer or its General Partner, as the case may be, to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and 49 55 benefit under this the Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this the Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale merger or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any such -------------------------------------- consolidation, amalgamation merger, sale, conveyance, transfer or merger where such Issuer is not other disposition and upon the continuing Personassumption by the successor corporation, or disposition by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of all or substantially the due and punctual payment of the principal of and premium, if any, and interest on all of the assets Securities of all series outstanding and the due and punctual performance of all of the covenants and conditions of this Indenture or established with respect to each series of the Securities pursuant to Section 2.01 to be kept or performed by the Company with respect to each series, such Issuer in accordance with Section 10.01, the Successor Company successor corporation shall succeed to and be substituted for such Issuer the Company, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and thereupon (provided, that in the case of a lease, the term of the lease is at least as long as the longest maturity of any Securities outstanding at such time) the predecessor entity corporation shall be released from relieved of all liabilities obligations and obligations covenants under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company or any other predecessor obligor on the Securities, any or all of the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Companysuch successor company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer the predecessor Company to the Trustee for authentication, and any Debt Securities which the Successor Company such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation consolidation or merger where such Issuer is not the continuing Personmerger, or disposition of all conveyance or substantially all transfer of the assets of such Issuer the Company as an entirety or substantially as an entirety in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity corporation shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer the Company to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition conveyance such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any such consolidation, amalgamation merger, sale, conveyance, transfer or merger where such Issuer is not other disposition and upon the continuing Personassumption by the successor corporation, or disposition by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of all or substantially the due and punctual payment of the principal of and premium, if any, and interest on all of the assets Securities of all series outstanding and the due and punctual performance of all of the covenants and conditions of this Indenture or established with respect to each series of the Securities pursuant to Section 2.01 to be kept or performed by the Company with respect to each series, such Issuer in accordance with Section 10.01, the Successor Company successor corporation shall succeed to and be substituted for such Issuer the Company, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and thereupon (provided, that in the case of a lease, the term of the lease is at least as long as the longest maturity of any Securities outstanding at such time) the predecessor entity corporation shall be released from relieved of all liabilities obligations and obligations covenants under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company or any other predecessor obligor on the Securities, any or all of the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Companysuch successor company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities 35 which previously shall have been signed and delivered by or on behalf the officers of such Issuer the predecessor Company to the Trustee for authentication, and any Debt Securities which the Successor Company such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any such consolidation, amalgamation merger, sale, conveyance, transfer or merger where such Issuer is not other disposition and upon the continuing Personassumption by the successor corporation, or disposition by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of all or substantially the due and punctual payment of the principal of, premium, if any, and interest on all of the assets Securities of all series outstanding and the due and punctual performance of all of the covenants and conditions of this Indenture or established with respect to each series of the Securities to be performed by the Company with respect to each series, such Issuer in accordance with Section 10.01, the Successor Company successor corporation shall succeed to and be substituted for such Issuer the Company, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and thereupon the predecessor entity corporation shall be released from relieved of all liabilities obligations and obligations covenants under -47- this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company or any other predecessor obligor on the Securities, any or all of the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Companysuch successor company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer the predecessor Company to the Trustee for authentication, and any Debt Securities which the Successor Company such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof. In case Nothing contained in this Indenture or in any of the Securities shall prevent the Company from merging into itself or acquiring by purchase or otherwise all or any part of the property of any such consolidation, amalgamation, merger, sale other corporation (whether or disposition such changes in phraseology and form (but not in substance) may be made in affiliated with the Debt Securities thereafter to be issued as may be appropriateCompany).

Rights and Duties of Successor Company. In case of any -------------------------------------- consolidation, amalgamation or merger where such Issuer is not the continuing Person, or disposition of all or substantially all of the assets of such respecting an Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer Issuer, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity Issuer shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuer, and subject to all the terms, conditions and limitations in this the Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer or its Managing General Partner, as the case may be, to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this the Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this the Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale merger or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s its assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or the officers of the Company on behalf of such Issuer the Company to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer is not the continuing Person, or disposition of all or substantially all of respecting the assets of such Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Issuer, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity Issuer shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such the Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such the Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such the Issuer, and subject to all the terms, conditions and limitations in this the Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by the officers of the Issuer or on behalf of such Issuer its General Partner, as the case may be, to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that 40 purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this the Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this the Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale merger or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation consolidation or merger where such Issuer is not the continuing Personmerger, or disposition of all conveyance or substantially all transfer of the assets of such Issuer the Company or the Guarantor as an entirety or substantially as an entirety in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company or the Guarantor, as the case may be, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity corporation shall be released from all liabilities and obligations under this the Indenture and the Debt SecuritiesSecurities (in the case of the Company) or the Guarantee (in the case of the Guarantor), except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s its assets. The Successor Company (if succeeding to the Company) thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities and Coupons, if any, appertaining thereto, which previously shall have been signed and delivered by or on behalf the officers of such Issuer the Company to the Trustee for authentication, and any Debt Securities and Coupons, if any, appertaining thereto, which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities and Coupons, if any, appertaining thereto so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities and Coupons, if any, appertaining thereto theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities and Coupons had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition conveyance such changes in phraseology and form (but not in substance) may be made in the Debt Securities and Coupons, if any, appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company as an entirety in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity corporation shall be released from all liabilities and obligations under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities and Coupons, if any, appertaining thereto, which previously shall have been signed and delivered by or on behalf of such Issuer the Company to the Trustee for authentication, and any Debt Securities and Coupons, if any, appertaining thereto, which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities and Coupons, if any, appertaining thereto so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities and Coupons, if any, appertaining thereto theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities and Coupons had been issued at the date of the execution hereof. In case of any such consolidation, merger, amalgamation, merger, sale or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities and Coupons, if any, appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer is not the continuing Person, or disposition of all or substantially all of the assets of such respecting an Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer Issuer, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity Issuer shall be released from all liabilities and obligations relieved of any further obligation under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuer, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer or its General Partner, as the case may be, to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale merger or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any such consolidation, amalgamation merger, sale or merger where conveyance and upon any such Issuer is not assumption by the continuing Personsuccessor corporation, or disposition of all or substantially all of the assets of such Issuer in accordance with Section 10.01, the Successor Company successor corporation shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assetsCompany. The Successor Company Such successor corporation thereupon may cause to be signed, and may issue (subject to the provisions of the Indenture and the Warrant Agreement) either in its own name or in the name of such Issuer, Mxxxxx Sxxxxxx any or all of the Debt Securities Notes, Pre-Paid Purchase Contracts and/or Warrants issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the TrusteeAgent; and, upon the order of the Successor Companysuch successor corporation, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture Agreement prescribed, the Trustee Trustee, the Warrant Agent and the Agent shall authenticate authenticate, countersign and shall deliver deliver, as applicable, any Debt Securities which Notes, Pre-Paid Purchase Contracts or Warrants that previously shall have been signed and delivered by or on behalf the officers of such Issuer the Company to the Trustee and the Warrant Agent for authenticationauthentication and countersignature, and any Debt Securities Notes, Pre-Paid Purchase Contracts and/or Warrants evidencing Units which the Successor Company such successor corporation thereafter shall cause to be signed and delivered to the Trustee and the Warrant Agent for that such purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale sale, conveyance or disposition lease such changes change in phraseology and form (but not in substance) may be made in the Debt Securities Unit Certificates thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation or merger where such Issuer is not the continuing Person, or disposition of all or substantially all of the assets of such respecting an Issuer in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer Issuer, with the same effect as if it had been named herein as the respective party to this Indentureof the first part, and the predecessor entity Issuer shall be released from all liabilities and obligations relieved of any further obligation under this the Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assets. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuer, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuer, and subject to all the terms, conditions and limitations in this the Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or on behalf the officers of such Issuer or its General Partner, as the case may be, to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this the Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this the Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale merger or disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities appertaining thereto thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation amalgamation, or merger where such Issuer the Company is not the continuing Person, or disposition of all or substantially all of the assets of such Issuer the Company in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt Securities, except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s assetsthe assets of the Company. The Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions conditions, and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by or the officers of the Managing Member on behalf of such Issuer the Company to the Trustee for authentication, and any Debt Securities which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale sale, or other disposition such changes in phraseology and form (but not in substance) may be made in the Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Company. In case of any consolidation, amalgamation consolidation or merger where such Issuer the Company or the Parent Guarantor is not the a continuing Person, or disposition any conveyance, transfer or lease of all or substantially all of the assets of such Issuer the Company or the Parent Guarantor in accordance with Section 10.01, the Successor Company shall succeed to and be substituted for such Issuer the Company or the Parent Guarantor, as the case may be, with the same effect as if it had been named herein as the respective party to this Indenture, and the predecessor entity shall be released from all liabilities and obligations under this Indenture and the Debt SecuritiesSecurities (in the case of the Company) or the Guarantee (in the case of the Parent Guarantor), except that no such release will occur in the case of a lease of all or substantially all of such Issuer’s its assets. The Successor Company (if succeeding to the Company) thereupon may cause to be signed, and may issue either in its own name or in the name of such Issuerthe Company, any or all the Debt Securities issuable hereunder which theretofore shall not have been signed by or on behalf of such Issuer the Company and delivered to the Trustee; and, upon the order of the Successor Company, instead of such Issuerthe Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Debt Securities and Coupons, if any, appertaining thereto, which previously shall have been signed and delivered by or on behalf the officers of such Issuer the Company to the Trustee for authentication, and any Debt Securities and Coupons, if any, appertaining thereto, which the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities and Coupons, if any, appertaining thereto so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities and Coupons, if any, appertaining thereto theretofore or thereafter issued in accordance with the terms of this Indenture as though all such Debt Securities and Coupons had been issued at the date of the execution hereof. In case of any such consolidation, amalgamation, merger, sale or disposition conveyance such changes in phraseology and form (but not in substance) may be made in the Debt Securities and Coupons, if any, appertaining thereto thereafter to be issued as may be appropriate.