Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 47 contracts
Samples: Indenture (AgroFresh Solutions, Inc.), Indenture (First Guaranty Bancshares, Inc.), Senior Debt Indenture (Ameris Bancorp)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest, if any, on the Securities.
Appears in 45 contracts
Samples: Indenture (Discovery Laboratories Inc /De/), Indenture (China North East Petroleum Holdings LTD), Indenture (Genta Inc De/)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person Successor Person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 29 contracts
Samples: Indenture (MICT, Inc.), Indenture (Arbe Robotics Ltd.), Indenture (Blue Water Vaccines Inc.)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance transfer or other disposition of all or substantially all of the assets properties of the Company substantially as an entirety in accordance with Section 5.112.01 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or the Person to which such sale, lease, conveyance transfer or other disposition is made shall succeed to, and be substituted for, for and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation or Person had been named as the Company herein; provided, however, that herein and the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securitieshereunder.
Appears in 13 contracts
Samples: Indenture (Great Plains Energy Inc), Indenture (Great Plains Energy Inc), Indenture (Great Plains Energy Inc)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company company in the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest, if any, on the Securities.
Appears in 12 contracts
Samples: Imperial Eagle Shipping LLC, Canyon I Navigation Corp., Star Cosmo Llc.
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 11 contracts
Samples: Amr Merger Agreement (American Airlines, Inc.), Indenture (American Airlines Inc), Supplemental Indenture (American Airlines, Inc.)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation person formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company company in the case of a sale, lease, conveyance or other disposition (other than a lease) of all or substantially all of the assets of the Company shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest, if any, on the Securities.
Appears in 9 contracts
Samples: Senior Indenture (Asia Entertainment & Resources Ltd.), Global Ship Lease, Inc., Paragon Shipping Inc.
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, merger, sale, lease, conveyance or other disposition, the provisions of this Indenture referring to the Company shall refer instead to the successor corporation and not to the Company), and may exercise every right and power of, of the Company under this Indenture with the same effect as if such successor person Person has been named as the Company Company, herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 8 contracts
Samples: Indenture (Echostar Broadband Corp), Escrow Agreement (Echostar DBS Corp), Indenture (Echostar DBS Corp)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 8 contracts
Samples: Indenture (Tesla Motors Inc), Indenture (Redwood Trust Inc), Indenture (Tesla Motors Inc)
Successor Corporation Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other Person or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.1701, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 7 contracts
Samples: Targets Trusts Vi, Targets Trusts Vi, Targets Trusts Vi
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, leaseassignment, transfer, conveyance or other disposition of all or substantially all of the assets of the Company Company, in accordance with Section 5.15.01 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, leaseassignment, transfer, conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, merger, sale, assignment, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor corporation and not to the Company) and may exercise every right all rights and power powers of, the Company under this Indenture with the same effect as if such successor person has Person had been named as the Company company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 7 contracts
Samples: Indenture (Geo Group Inc), Indenture (Geo Group Inc), Indenture (Geo Group Inc)
Successor Corporation Substituted. Upon any consolidation or mergerof the Company with, or any sale, lease, conveyance or other disposition of all or substantially all merger of the Company into, any other corporation or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 7 contracts
Samples: Securities Purchase and Exchange Agreement, Indenture (Commercial Credit Co), Indenture (SSBH Capital Iv)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1601 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, merger, sale, assignment, transfer, lease, conveyance or other disposition, the provisions of this Indenture referring to the "Company" shall refer instead to the successor corporation), and may exercise every right and power of, of the Company under this Indenture with the same effect as if such successor person Person has been named as the Company Company, herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 6 contracts
Samples: Indenture (Olympic Financial LTD), Indenture (United Healthcare Corp), Indenture (Uhc Capital I)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.17.1 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for, for and may exercise every right and power of, the Company under this Indenture indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the Securities.
Appears in 5 contracts
Samples: Indenture (HMT Technology Corp), Indenture (Komag Inc /De/), Coeur D Alene Mines Corp
Successor Corporation Substituted. Upon any consolidation by the Company, with or merger, merger by the Company into any other corporation or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; providedand thereafter, however, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the Company shall be released discharged from all obligations and covenants under this the Indenture and the Securities.
Appears in 5 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), McCormick & Co Inc
Successor Corporation Substituted. Upon any consolidation or mergerof the Company with, or any sale, lease, conveyance or other disposition of all or substantially all merger of the Company into, any other corporation or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 5 contracts
Samples: Indenture (Citigroup Capital Xii), Citigroup Capital XVIII, Citigroup Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.1 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, leaseassignment, transfer, conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, merger, sale, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor corporation and not to the Company), and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has Person had been named as the Company herein; provided, howeverand, that thereupon, the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants relieved of any further liability or obligation hereunder or under this Indenture and the Securities.
Appears in 5 contracts
Samples: Indenture (Hallmark Financial Services Inc), Indenture (Sterling Bancorp), Indenture (WSFS Financial Corp)
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any share exchange, sale, assignment, conveyance, lease, conveyance transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation person formed by such consolidation or share exchange or into or with which the Company is merged or to which such sale, assignment, conveyance, lease, conveyance transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; provided, however, that the predecessor Company and thereafter (except in the case of a sale, conveyance or other disposition (other than a lease) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the SecuritiesConvertible Notes.
Appears in 5 contracts
Samples: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), Credence Systems Corp
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.14.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest, if any, on the Securities.
Appears in 5 contracts
Samples: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Genta Incorporated (Genta Inc De/)
Successor Corporation Substituted. Upon any consolidation or merger, merger by the Company with or into any other corporation or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety to any Person, in accordance with Section 5.16.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease to another Person, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 5 contracts
Samples: Indenture (Comverse Technology Inc/Ny/), Indenture (First American Financial Corp), Curagen Corp
Successor Corporation Substituted. Upon any consolidation with or mergermerger into any other Corporation, or any saleconveyance, lease, conveyance transfer or other disposition lease of all or substantially all of the assets of the Company in accordance with Section 5.19.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, however, that and thereafter the predecessor Company Person (except in the case of a sale, conveyance or other disposition (other than a lease) shall be released from relieved of all obligations and covenants under this Indenture and the Debt Securities.
Appears in 5 contracts
Samples: Indenture (Reinsurance Group of America Inc), Indenture (Reinsurance Group of America Inc), Indenture (Heritage Financial Group Inc)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.1 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, merger, sale, lease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor corporation and not to the Company), and may shall exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has Person had been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 4 contracts
Samples: VWR Funding, Inc., Nuveen Investments Holdings, Inc., Nuveen Investments Holdings, Inc.
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company or NLC, as applicable, in accordance with Section 5.15.01 or Section 5.02, the successor corporation formed by such consolidation or into or with which the Company or NLC, as applicable, is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, and may exercise every right and power ofmerger, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; providedsale, however, that the predecessor Company in the case of a salelease, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under disposition, the provisions of this Indenture and referring to the Securities."Company" or "
Appears in 4 contracts
Samples: Indenture (Comdisco Holding Co Inc), Comdisco Holding Co Inc, Comdisco Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the Securities.
Appears in 4 contracts
Samples: Indenture (Excel Legacy Corp), Indenture (Excel Legacy Corp), Pledge Agreement (Excel Legacy Corp)
Successor Corporation Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other Person or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.1801, the successor corporation Person formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has Person had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor Person shall be released from relieved of all obligations and covenants under this Indenture and the SecuritiesSecurities and Coupons.
Appears in 4 contracts
Samples: Nationwide Health Properties Inc, Nationwide Health Properties Inc, Nationwide Health Properties Inc
Successor Corporation Substituted. Upon any consolidation with or mergermerger into any other corporation or other Person, or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company in accordance with Section 5.1substantially as an entirety, the successor corporation or Person formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation or Person had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Debt Securities."
Appears in 4 contracts
Samples: Indenture (Sodexho Mariott Services Inc), Supplemental Indenture (Sodexho Mariott Services Inc), Eighth Supplemental Indenture (Sodexho Mariott Services Inc)
Successor Corporation Substituted. (a) Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.18.01 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, merger, sale, assignment, transfer, lease, conveyance or other disposition, the provisions of this Indenture referring to the "Company" shall refer, except in the case of a lease, instead to the successor corporation), and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has Person had been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Samples: Williams Communications Group Inc, Williams Communications Group Inc, Williams Communications Group Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the Securities.
Appears in 3 contracts
Samples: Beverly Enterprises Inc, Beverly Enterprises Inc, Beverly Enterprises Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company or any assignment of its obligations under this Indenture or the Securities of any series in accordance with Section 5.110.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition or assignment is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person corporation has been named as the Company herein; provided, however, that the -------- ------- predecessor Company in the case of a sale, lease, conveyance or other disposition (other than a lease) or assignment shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the SecuritiesSecurities of any series.
Appears in 3 contracts
Samples: Indenture (Computer Sciences Corp), Computer Sciences Corp, Computer Sciences Corp
Successor Corporation Substituted. Upon any consolidation of the Company with or merger, merger of the Company into any other corporation or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease of its properties and assets substantially as an entirety, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Samples: Argyle Television Inc, Argyle Television Inc, Belo a H Corp
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the -------- ------- case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest, if any, on the Securities.
Appears in 3 contracts
Samples: Nike Inc, Nike Inc, Advanced Micro Devices Inc
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any sale, assignment, conveyance, lease, conveyance transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation person formed by such consolidation or into or with which the Company is merged or to which such saleassignment, conveyance, lease, conveyance transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; providedtherein, however, that the predecessor Company and thereafter (except in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a leasedisposition) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the SecuritiesConvertible Subordinated Notes.
Appears in 3 contracts
Samples: Indenture (Vlsi Technology Inc), Indenture (Amkor Technology Inc), Amkor Technology Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation Person formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition transfer is made shall succeed to, to and (except in the case of a lease) be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has Person had been named therein as the Company herein; providedCompany, however, that the predecessor Company and (except in the case of a sale, conveyance or other disposition (other than a lease) the Company shall be released from all the obligations under the Notes and covenants under this Indenture and the SecuritiesIndenture, except with respect to any obligations that arise from, or are related to, such transaction.
Appears in 3 contracts
Samples: Indenture (Charter Communications Inc /Mo/), Charter Communications Inc /Mo/, Charter Communications Inc /Mo/
Successor Corporation Substituted. Upon any consolidation or consolidation, merger, or any sale, lease, conveyance lease or other disposition of all or substantially all transfer of the consolidated assets of the Company and its Subsidiaries substantially as an entirety in accordance with Section 5.15.01, the successor corporation Person formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition transfer is made shall succeed to, to and (except in the case of a lease) be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has Person had been named therein as the Company herein; providedCompany, however, that the predecessor Company and (except in the case of a sale, conveyance or other disposition (other than a lease) the Company shall be released from all the obligations under the Notes and covenants under this Indenture and the SecuritiesIndenture, except with respect to any obligations that arise from, or are related to, such transaction.
Appears in 3 contracts
Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/), Charter Communications Inc /Mo/
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance conveyance, assignment or other disposition transfer of all or substantially all of the property and assets of the Company in accordance with Section 5.17.1, the successor corporation (if other than the Company) formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance conveyance, assignment or other disposition transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, however, that and the predecessor Company corporation (except in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all of its obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Samples: Registration Rights Agreement (Act Manufacturing Inc), Usinternetworking Inc, Beyond Com Corp
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any share exchange, sale, assignment, conveyance, lease, conveyance transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation person formed by such consolidation consolidation, or share exchange or into or with which the Company is merged or to which such saleassignment, conveyance, lease, conveyance transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; providedtherein, however, that the predecessor Company and thereafter (except in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a leasedisposition) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the SecuritiesConvertible Subordinated Notes.
Appears in 3 contracts
Samples: School Specialty (School Specialty Inc), Indenture (School Specialty Inc), Cke Restaurants Inc
Successor Corporation Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other Person or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has Person had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 2 contracts
Samples: Indenture (Pitney Bowes Inc /De/), Pitney Bowes Inc /De/
Successor Corporation Substituted. Upon any consolidation or merger, merger by the Company with or into or any saleconversion by the Company into any other Corporation or any conveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company as, or substantially as, an entirety to any Person in accordance with Section 5.18.01, the successor corporation Corporation formed by such consolidation consolidation, merger or into or with which the Company is merged conversion or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person Corporation has been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease to another Person, conveyance or other disposition (other than a lease) the predecessor Corporation shall be released from relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 2 contracts
Samples: Indenture (Selective Insurance Group Inc), Indenture (Selective Insurance Group Inc)
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any share exchange, sale, assignment, conveyance, lease, conveyance transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation person formed by such consolidation or share exchange or into or with which the Company is merged or to which such sale, assignment, conveyance, lease, conveyance transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; provided, however, that the predecessor Company and thereafter (except in the case of a sale, conveyance or other disposition (other than a lease) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the SecuritiesConvertible Subordinated Notes.
Appears in 2 contracts
Samples: Indenture (Credence Systems Corp), Hutchinson Technology Inc
Successor Corporation Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other corporation or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.1801, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 2 contracts
Samples: Indenture (Rohm & Haas Co), Dillards Inc
Successor Corporation Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other corporation or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a sale, conveyance or other disposition (other than a lease) lease the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the SecuritiesSecurities and coupons, if any, appertaining thereto.
Appears in 2 contracts
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture interest, if any, on the Securities. The Company, the Trustee and the Securitiessuccessor person shall enter into a supplemental indenture to evidence the succession and substitution of such successor person and such discharge and release of the Company.
Appears in 2 contracts
Successor Corporation Substituted. Upon any consolidation or merger, or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.1 hereof, the successor corporation Person formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has Person had been named as the Company herein; provided. In the event of any such conveyance or transfer, however, that the predecessor Company but not in the case of a salelease, conveyance the Company as the predecessor corporation may be dissolved, wound up or other disposition (other than liquidated at any time thereafter and the Company, except in the case of a lease) , shall be released discharged from all obligations and covenants under this Indenture and the Securities.
Appears in 2 contracts
Samples: Indenture (Texas New Mexico Power Co), Texas New Mexico Power Co
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture and the Securities with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 2 contracts
Samples: Indenture (United Community Banks Inc), Indenture (United Community Banks Inc)
Successor Corporation Substituted. Upon any consolidation or merger, merger or any sale, lease, conveyance or other disposition transfer of all or substantially all of the assets of the Company in accordance with Section 5.15.1 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition transfer is made shall (except in the case of a lease) succeed to, to and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named therein as the Company herein; providedCompany, however, that the predecessor Company and (except in the case of a sale, conveyance or other disposition (other than a lease) the Company shall be released from all the obligations under the Notes and covenants under this Indenture and the Securitiesexcept with respect to any obligations that arise from, or are related to, such transaction.
Appears in 2 contracts
Successor Corporation Substituted. Upon any consolidation or merger, merger by the Company with or into any other Corporation or any saleconveyance, lease, conveyance transfer or other disposition lease of all or substantially all of the properties and assets of the Company to any other Person in accordance with Section 5.18.01, the successor corporation Corporation formed by such consolidation or into or with which the Company is merged merger or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person Corporation has been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease to another Person, conveyance or other disposition (other than a lease) the predecessor Corporation shall be released from relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 2 contracts
Samples: Indenture (Fiserv Inc), Fiserv Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, 18 24 and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest, if any, on the Securities.
Appears in 2 contracts
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any sale, assignment, conveyance, lease, conveyance transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, conveyance, lease, conveyance transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; providedtherein, however, that the predecessor Company and thereafter (except in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a leasedisposition) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 2 contracts
Samples: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the SecuritiesNotes. ARTICLE VI.
Appears in 2 contracts
Samples: Allegiant Travel CO, Allegiant Travel CO
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation entity formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person Person has been named as the Company herein; provided, howeverand upon such succession and substitution, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all of its obligations and covenants liabilities under this Indenture and the Securities.
Appears in 2 contracts
Samples: Indenture (Performance Home Buyers LLC), Indenture (Performance Home Buyers LLC)
Successor Corporation Substituted. Upon any consolidation of the Company with or merger, merger of the Company into any other corporation or any saleconveyance, lease, conveyance trans fer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 2 contracts
Samples: Tribune Co, Tribune Co
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.17.01 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for, for and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the Securities.
Appears in 2 contracts
Samples: Swift Energy Co, Swift Energy Co
Successor Corporation Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other corporation or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.19.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 2 contracts
Samples: Indenture (Century Communications Corp), Centennial Puerto Rico Operations Corp
Successor Corporation Substituted. Upon any consolidation with or mergermerger into any other Corporation, or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.110.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, however, that and thereafter the predecessor Company Person (except in the case of a sale, conveyance or other disposition (other than a lease) shall be released from relieved of all obligations and covenants under this Indenture and the Debt Securities.
Appears in 2 contracts
Samples: Sigma Aldrich Corp, Sigma Aldrich Corp
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, and may exercise every right and power ofmerger, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; providedsale, however, that the predecessor Company in the case of a salelease, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under disposition, the provisions of this Indenture and referring to the Securities."Company" or "
Appears in 2 contracts
Samples: Indenture (Emmis 105 5 Fm Radio License Corp of Terre Haute), Hercules Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any saleconveyance, leasetransfer, conveyance or other disposition lease of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, leasetransfer, conveyance or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture and the Securities with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition transfer (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 2 contracts
Samples: Biohaven Ltd., Full House Resorts Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation or partnership formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person Person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the Securities.
Appears in 2 contracts
Samples: Indenture (Dart Group Corp), SFW Holding Corp
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.17.01 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or the corporation to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for, for and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the Securities.
Appears in 2 contracts
Samples: Indenture (Tel Save Holdings Inc), Tel Save Holdings Inc
Successor Corporation Substituted. Upon any consolidation by the Company with, or mergermerger by the Company into, any other corporation, or any saleconveyance, leasetransfer or lease to, conveyance or other disposition of all or substantially all of the assets of any Person by the Company in accordance with Section 5.1, . the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; providedin this Indenture, howeverand thereafter, that the predecessor Company except in the case of a saleconveyance by lease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the SecuritiesIndenture.
Appears in 2 contracts
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any sale, assignment, conveyance, lease, conveyance transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation Person formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, conveyance, lease, conveyance transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; providedtherein, however, that the predecessor Company and thereafter (except in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a leasedisposition) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the SecuritiesConvertible Subordinated Notes.
Appears in 2 contracts
Samples: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any share exchange, sale, assignment, conveyance, lease, conveyance transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.18.01, the successor corporation Person formed by such consolidation or share exchange or into or with which the Company is merged or to which such sale, assignment, conveyance, lease, conveyance transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; provided, however, that the predecessor Company and thereafter (except in the case of a sale, conveyance or other disposition (other than a lease) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 2 contracts
Samples: Level 3 Communications Inc, Level 3 Communications Inc
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any sale, leaseassignment, conveyance conveyance, lease or other disposition of all or substantially all of the assets of the Company transfer in accordance with Section 5.15.01 of this Indenture, the successor corporation Person formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance lease or other disposition transfer is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; providedtherein, however, that the predecessor Company and thereafter (except in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a leasedisposition) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the SecuritiesSenior Notes.
Appears in 2 contracts
Samples: Indenture (Telemundo Group Inc), Indenture (Telemundo Group Inc)
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any sale, assignment, conveyance, lease, conveyance transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation Person formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, conveyance, lease, conveyance transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; providedtherein, however, that the predecessor Company and thereafter (except in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a leasedisposition) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the Securities.
Appears in 2 contracts
Samples: Indenture (Amkor International Holdings, LLC), Amkor Technology Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company Corporation in accordance with Section 5.16.01, the successor corporation formed by such consolidation or into or with which the Company Corporation is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company Corporation under this Indenture with the same effect as if such successor person has been named as the Company Corporation herein; provided, however, that the predecessor Company Corporation in the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the SecuritiesDebentures.
Appears in 2 contracts
Samples: Southwest Water Co, Southwest Water Co
Successor Corporation Substituted. Upon any consolidation with or mergermerger into any other Corporation, or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.110.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture (including the Guarantees) with the same effect as if such successor person has corporation had been named as the Company herein; provided, however, that and thereafter the predecessor Company Person (except in the case of a sale, conveyance or other disposition (other than a lease) shall be released from relieved of all obligations and covenants under this Indenture and the SecuritiesDebt Securities (including the Guarantees).
Appears in 2 contracts
Samples: Indenture (Energizer Holdings Inc), Ralcorp Holdings Inc /Mo
Successor Corporation Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other Person or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.1801, the successor corporation Person formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has Person had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor Person shall be released from relieved of all obligations and covenants under this Indenture Indenture, the Securities and the SecuritiesCoupons.
Appears in 2 contracts
Samples: Indenture (Questar Market Resources Inc), Indenture (Questar Market Resources Inc)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the -------- ------- case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the Securities.
Appears in 2 contracts
Samples: Indenture (Mattel Inc /De/), Mattel Inc /De/
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the The successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, to and be substituted for, and may exercise every right and power of, the Company under this Subordinated Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, however, that the predecessor Company and thereafter (except in the case of a sale, conveyance or other disposition (other than a leaselease to another Person) the predecessor corporation shall be released from relieved of all obligations and covenants under this the Subordinated Indenture and the SecuritiesSubordinated Securities and, in the event of such conveyance or transfer, any such predecessor corporation may be dissolved and liquidated.
Appears in 2 contracts
Samples: Subordinated Indenture (Quadramed Corp), Healthsouth Corp
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.01, the successor corporation formed by such consolidation or ------------ into or with which the Company is merged or to which such sale, lease, conveyance or other disposition transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, however, that . In the predecessor Company in the case event of a sale, any such conveyance or other disposition transfer (other than a transfer by way of lease) the predecessor company shall be released discharged from all obligations and covenants under this Indenture Indenture, the Securities and the Securitiesany Coupons and may be liquidated and dissolved.
Appears in 1 contract
Samples: Indenture (Fortune Brands Inc)
Successor Corporation Substituted. Upon any consolidation of the Company with or merger, merger of the Company into any other corporation or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 1 contract
Samples: Tribune Co
Successor Corporation Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other corporation or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.19.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.Notes. ARTICLE TEN
Appears in 1 contract
Samples: Century Communications Corp
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any share exchange, sale, assignment, conveyance, lease, conveyance transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation Person formed by such consolidation or share exchange or into or with which the Company is merged or to which such sale, assignment, conveyance, lease, conveyance transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; provided, however, that the predecessor Company and thereafter (except in the case of a sale, conveyance or other disposition (other than a lease) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the Securities.
Appears in 1 contract
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, merger, sale, lease, conveyance or other disposition, the provisions of this Indenture referring to the Company shall refer instead to the successor corporation and not to the Company), and may exercise every right and power of, of the Company under this Indenture with the same effect as if such successor person Person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 1 contract
Samples: Panamsat International Systems Inc
Successor Corporation Substituted. Upon any --------------------------------- consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.17.01 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for, for and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person Person has been named as the Company herein; provided, however, that the -------- ------- predecessor Company in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a lease) shall not be released from all the obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 1 contract
Samples: Charming Shoppes Inc
Successor Corporation Substituted. Upon any consolidation or merger--------------------------------- merger of the Company, or any sale, lease, conveyance conveyance, transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.16.18 hereof, the successor corporation Successor formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance conveyance, transfer or other disposition or assignment is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture the Credit Documents with the same effect as if such successor person has Successor had been named as the Company herein; provided, however, that herein and the predecessor Company Company, in the case of a sale, conveyance conveyance, transfer or other disposition (other than a lease) disposition, shall be released from all obligations and covenants under this Indenture and the SecuritiesCredit Documents.
Appears in 1 contract
Samples: Credit and Reimbursement Agreement (R&b Falcon Corp)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.
Appears in 1 contract
Samples: Safeway Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person Person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the SecuritiesNotes.
Appears in 1 contract
Samples: Indenture (BDK Holdings Inc)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the properties or assets of the Company in accordance with Section 5.18.01 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, and may exercise every right and power ofmerger, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; providedsale, howeverassignment, that the predecessor Company in the case of a saletransfer, lease, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under disposition, the provisions of this Indenture and the Securities.referring to the
Appears in 1 contract
Samples: Security Capital Group Inc/
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities. ARTICLE VI.
Appears in 1 contract
Samples: Guardant Health, Inc.
Successor Corporation Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other corporation or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.1801, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salesuch lease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the SecuritiesSecurities and may be liquidated and dissolved.
Appears in 1 contract
Samples: Armstrong World Industries Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.1 of this Agreement, the successor corporation Successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under the Notes and this Indenture Agreement with the same effect as if such successor person Successor Person has been named as the Company therein and herein; provided, however, that and the predecessor Company Company, in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under the Notes and this Indenture and the SecuritiesAgreement.
Appears in 1 contract
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any sale, lease, conveyance assignment or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation Person formed by such consolidation or into or with which the Company or the Subsidiary, as the case may be, is merged or to which such sale, leaseconveyance, conveyance lease or transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company or the Subsidiary, as the case may be, under this Indenture with the same effect as if such successor person has had been named as the Company herein; providedtherein, however, that the predecessor Company and thereafter (except in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a leasedisposition) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the SecuritiesConvertible Secured Notes.
Appears in 1 contract
Samples: Crown Resources Corp
Successor Corporation Substituted. Upon any amalgamation, consolidation or merger, merger or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation formed by such amalgamation or consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition transfer is made shall succeed to, to and (except in the case of a lease) be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named therein as the Company herein; providedCompany, however, that the predecessor Company and (except in the case of a sale, conveyance or other disposition (other than a lease) the Company shall be released from all obligations the obliga- tions under the Notes, and covenants under this Indenture and the Securitiesexcept with respect to any obligations that arise from, or are related to, such transaction.
Appears in 1 contract
Samples: Covenants (360networks Inc)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.01, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has corporation had been named as the Company herein; provided, however, that . In the predecessor Company in the case event of a sale, any such conveyance or other disposition transfer (other than a transfer by way of lease) the predecessor company shall be released discharged from all obligations and covenants under this Indenture Indenture, the Securities and the Securitiesany Coupons and may be liquidated and dissolved.
Appears in 1 contract
Samples: Indenture (Fortune Brands Inc)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this 18 24 Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest, if any, on the Securities.
Appears in 1 contract
Samples: Indenture (Chartered Semiconductor Manufacturing LTD)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.16.01 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or the corporation to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for, for and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the Securities.
Appears in 1 contract
Samples: Indenture (Sabratek Corp)
Successor Corporation Substituted. Upon any consolidation or merger, or any saleconveyance, leasetransfer, conveyance or other disposition lease of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, leasetransfer, conveyance or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture and the Securities with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition transfer (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.. ARTICLE VI
Appears in 1 contract
Samples: 100 Maple LLC
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.. 18 Table of Contents
Appears in 1 contract
Samples: Aratana Therapeutics, Inc.
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any share exchange, sale, assignment, conveyance, lease, conveyance transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01, the successor corporation person formed by such consolidation or share exchange or into or with which the Company is merged or to which such sale, assignment, conveyance, lease, conveyance transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; provided, however, that the predecessor Company and thereafter (except in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a leasedisposition) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the SecuritiesConvertible Notes.
Appears in 1 contract
Successor Corporation Substituted. Upon any --------------------------------- consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for, for and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the Securities.
Appears in 1 contract
Samples: NTL Inc /De/
Successor Corporation Substituted. Upon any consolidation or such consolidation, merger, or any share exchange, sale, assignment, conveyance, lease, conveyance transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1801, the successor corporation Person formed by such consolidation or share exchange or into or with which the Company is merged or to which such sale, assignment, conveyance, lease, conveyance transfer or other disposition is made shall will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has had been named as the Company herein; provided, however, that the predecessor Company and thereafter (except in the case of a sale, conveyance or other disposition (other than a lease) shall the predecessor corporation will be released from relieved of all further obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 1 contract
Samples: Supplemental Indenture (Level 3 Communications Inc)
Successor Corporation Substituted. Upon any consolidation or merger, merger of the Company or any sale, lease, conveyance conveyance, transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.110.01, the successor corporation any Successor formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance conveyance, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, of the Company under this Indenture and each series of Debentures with the same effect as if such successor person has Successor had been named as the Company herein; provided, however, that herein and the predecessor Company Company, in the case of a sale, conveyance conveyance, transfer or other disposition (other than a lease) ), shall be released from all obligations and covenants under this Indenture and the Securitieseach series of Debentures.
Appears in 1 contract
Samples: Indenture (Seitel Capital Trust Ii)
Successor Corporation Substituted. Upon any consolidation or merger, merger of the Company or any sale, lease, conveyance conveyance, transfer or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.110.01, the successor corporation any Successor formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance conveyance, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, of the Company under this Indenture and each series of Debentures with the same effect as if such successor person has Successor had been named as the Company herein; provided, however, that herein and the predecessor Company Company, in the case of a sale, conveyance or other disposition (other than a lease) shall be released from all obligations and covenants under this Indenture and the Securities.a
Appears in 1 contract
Samples: Centex Trust Ii
Successor Corporation Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other Person or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.18.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has Person had been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 1 contract
Samples: Pitney Bowes Inc /De/
Successor Corporation Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other corporation or any saleconveyance, lease, conveyance transfer or other disposition of all or substantially all lease of the properties and assets of the Company substantially as an entirety in accordance with Section 5.1801, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person corporation has been named as the Company herein; provided, howeverand thereafter, that the predecessor Company except in the case of a salelease, conveyance or other disposition (other than a lease) the predecessor corporation shall be released from relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE
Appears in 1 contract
Samples: Indenture (Meadwestvaco Corp)
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the Securities.
Appears in 1 contract
Samples: Pioneer Financial Services Inc /De
Successor Corporation Substituted. Upon any consolidation or --------------------------------- merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.17.1 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for, for and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the -------- ------- predecessor Company in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest on the SecuritiesNotes.
Appears in 1 contract
Samples: Plasma & Materials Technologies Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in -------- ------- the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest, if any, on the Securities.
Appears in 1 contract
Samples: Tivo Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor corporation formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture and interest, if any, on the SecuritiesNotes.
Appears in 1 contract
Samples: Harrahs Entertainment Inc
Successor Corporation Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.16.01 hereof, the successor corporation formed by such consolidation or into or with which the Company is merged or the corporation to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for, for and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor person has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, assignment, transfer, lease, conveyance or other disposition (other than a lease) shall not be released from all obligations the obligation to pay the principal of and covenants under this Indenture interest and Liquidated Damages, if any, on the Securities.
Appears in 1 contract
Samples: Indenture (Angeion Corp/Mn)
