Common use of Successor Corporations Clause in Contracts

Successor Corporations. In the case of the consolidation, amalgamation, merger or transfer of all or substantially all of the undertaking or assets of the Corporation to another corporation ("Successor Corporation"), the Successor Corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee and executed and delivered to the Trustee, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, merger or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation ("“Successor Corporation"”), the Successor Corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Corporation) shall will expressly assume, by supplemental indenture in a form satisfactory in form to the Trustee Special Warrant Agent, acting reasonably, and executed and delivered to the TrusteeSpecial Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, merger or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation ("Successor successor Corporation"), the Successor successor Corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee Warrant Agent and executed and delivered to the TrusteeWarrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, arrangement, merger or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation Corporation ("Successor Corporation"the “successor corporation”), the Successor Corporation successor corporation resulting from such consolidation, amalgamation, arrangement, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee Warrant Agent and executed and delivered to the TrusteeWarrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, merger merger, business combination or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation ("a “Successor Corporation"”), the Successor Corporation resulting from such consolidation, amalgamation, arrangement, business combination, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee Warrant Agent and executed and delivered to the TrusteeWarrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, merger or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation ("Successor Corporationsuccessor corporation"), the Successor Corporation successor corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee and executed and delivered by the successor corporation to the Trustee, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, arrangement, merger or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation ("Successor Corporationsuccessor corporation"), the Successor Corporation successor corporation resulting from such consolidation, amalgamation, arrangement, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee and executed and delivered to the Trustee, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, merger or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation Corporation ("Successor Corporation"), the Successor Corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee and executed and delivered to the Trustee, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, merger or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation ("Successor Corporation"“successor corporation”), the Successor Corporation successor corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee Warrant Agent and executed and delivered to the TrusteeWarrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, merger or transfer of all or substantially all of the undertaking or assets of the Corporation to another corporation ("Successor Corporation"), the Successor Corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee Warrant Agent and executed and delivered to the TrusteeWarrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, arrangement, amalgamation, merger merger, business combination or transfer of all or substantially all of the undertaking or assets of the Corporation to another corporation ("“Successor Corporation"”), the Successor Corporation resulting from such consolidation, arrangement, amalgamation, merger merger, business combination or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee Warrant Agent and executed and delivered to the TrusteeWarrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, merger or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation Corporation ("Successor “successor Corporation"”), the Successor successor Corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee and executed and delivered to the Trustee, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, arrangement, merger or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation Corporation ("Successor Corporation"“successor corporation”), the Successor Corporation successor corporation resulting from such consolidation, amalgamation, arrangement, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee and executed and delivered to the Trustee, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.

Successor Corporations. In the case of the consolidation, amalgamation, merger or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation ("Successor Corporationsuccessor corporation"), the Successor Corporation successor corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee and executed and delivered by the successor corporation to the Trustee, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation.. 144554\0512890.WP

Successor Corporations. In the case of the consolidation, amalgamation, arrangement, merger or transfer of all or substantially all of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation ("“Successor Corporation"”), the Successor Corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Corporation) shall expressly assume, by supplemental indenture satisfactory in form to the Trustee and executed and delivered to the Trustee, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Corporation, and in any event shall be bound by the provisions hereof and all obligations for the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performance and observed by the Corporation.