Common use of Successor Person Substituted Clause in Contracts

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyance, or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, assignment, transfer, conveyance, or other disposition is made shall succeed to, and be substituted for (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 Person 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 had been named as the Company herein; provided, however, that the predecessor Company shall not be relieved from the obligation to pay principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition of all or substantially all of the Company’s assets that meets the requirements of Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 5.1 hereof, the successor Person corporation formed by such consolidation or into or with which the Company (and, if necessary, any co-issuer) is merged or to which such sale, assignment, conveyance, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that in the event of a transfer or lease, the predecessor Company shall not be relieved released from the obligation to pay payment of principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition of all or substantially all of obligations on the Company’s assets that meets the requirements of Section 5.01 hereofNotes.

Successor Person Substituted. Upon any consolidation consolidation, merger or mergerconversion, or any sale, assignment, transfer, conveyancelease, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof, the successor Person formed by such consolidation or into or with which the Company is merged or converted or to which such sale, assignment, transfer, conveyancelease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, conversion, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “"Company” " shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that the predecessor Company shall not be relieved from the obligation to pay the principal of, of and interest on, any on the Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition sale of all or substantially all of the Company’s 's assets that meets the requirements of Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation consolidation, merger or mergerconversion, or any sale, assignment, transfer, conveyancelease, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof, the successor Person formed by such consolidation or into or with which the Company is merged or converted or to which such sale, assignment, transfer, conveyancelease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, conversion, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “"Company” " shall refer instead to the successor Person 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 had been named as the Company herein; providedPROVIDED, howeverHOWEVER, that the predecessor Company shall not be relieved from the obligation to pay the principal of, of and interest on, any on the Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition sale of all or substantially all of the Company’s 's assets that meets the requirements of Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyancelease, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof5.01, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, conveyancelease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” Company shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, provided that the predecessor Company shall not be relieved from the obligation to pay the principal ofof and interest, if any, on the Notes and interest on, any Securities shall no longer be subject to this Indenture (except in the case of a sale, assignment, transfer, conveyance, or other disposition lease of all or substantially all of the assets of the Company’s assets that meets the requirements of Section 5.01 hereof).

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyance, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, assignment, transfer, conveyance, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyance, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that the predecessor Company shall not be relieved from the obligation to pay principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, conveyance or other disposition of all or substantially all of the Company’s assets that meets the requirements of Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyance, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company Issuer in accordance with Section 5.01 hereof, the successor Person formed by such consolidation or into which the Company Issuer is merged or to which such sale, assignment, transfer, conveyance, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyance, conveyance or other disposition, the provisions of this Indenture referring to the “CompanyIssuer” shall refer instead to the successor Person and not to the CompanyIssuer), and may exercise every right and power of, the Company Issuer under this Indenture with the same effect as if such successor Person had been named as the Company Issuer herein; provided, however, that the predecessor Company Issuer shall not be relieved from the obligation to pay principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, conveyance or other disposition of all or substantially all of the CompanyIssuer’s assets that meets the requirements of Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 5.1 hereof, the successor Person corporation formed by such consolidation or into or with which the Company (and, if necessary, any co-issuer) is merged or to which such sale, assignment, conveyance, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company hereinherein and when such successor Person duly assumes all the obligations and covenants of the Company pursuant to this Indenture and the Notes the predecessor Person shall be relieved of all such obligations; provided, however, that in the event of a transfer or lease, the predecessor Company shall not be relieved released from the obligation to pay payment of principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition of all or substantially all of obligations on the Company’s assets that meets the requirements of Section 5.01 hereofNotes.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyance, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, assignment, transfer, conveyance, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyance, conveyance or other disposition, the provisions of this Indenture referring to the “"Company” " shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that the predecessor Company shall not be relieved from the obligation to pay principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, conveyance or other disposition of all or substantially all of the Company’s 's assets that meets the requirements of Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyancelease, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance a transaction that is subject to, and that complies with the provisions of, Section 5.01 hereof, the successor Successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, conveyancelease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “"Company” " shall refer instead to the successor Successor Person 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 Successor Person had been named as the Company herein; provided, however, that the predecessor Company shall not be relieved from the obligation to pay the principal of, of and interest on, any on the Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition sale of all or substantially all of the Company’s 's assets in a transaction that meets is subject to, and that complies with the requirements of provisions of, Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 SECTION 5.1 hereof, the successor Person corporation formed by such consolidation or into or with which the Company (and, if necessary, any co-issuer) is merged or to which such sale, assignment, conveyance, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that in the event of a transfer or lease, the predecessor Company shall not be relieved released from the obligation to pay payment of principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition of all or substantially all of obligations on the Company’s assets that meets the requirements of Section 5.01 hereofNotes.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 5.01 hereof5.01, the successor Successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, assignment, conveyance, lease or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Successor Person 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 had been named as the Company herein; providedherein and upon satisfaction of the requirements of Section 5.01, however, that the predecessor Company shall not be relieved from the obligation to pay principal of, and interest on, any Securities except in the case of a sale, lease or other conditional or temporally limited assignment, transferconveyance or disposition, conveyance, or other disposition of all or substantially all the predecessor Company shall be released from its liabilities as obligor and maker of the Company’s assets that meets the requirements of Section 5.01 hereofSecurities and from its obligations under this Indenture.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyancelease, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof5.01, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, conveyancelease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” Company shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, provided that the predecessor Company shall not be relieved from the obligation to pay the principal ofof and interest, and interest onif any, any Securities on the Notes except in the case of a sale, assignment, transfer, conveyance, conveyance or other disposition of all or substantially all of the Company’s assets that meets the requirements of Section 5.01 hereof5.01.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 5.1 hereof, the successor Person corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, conveyance, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company hereinherein and when such successor Person duly assumes all the obligations and covenants of the Company pursuant to this Indenture and the Notes the predecessor Person shall be relieved of all such obligations; provided, however, that in the event of a lease, the predecessor Company shall not be relieved released from the obligation to pay payment of principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition of all or substantially all of obligations on the Company’s assets that meets the requirements of Section 5.01 hereofNotes.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof5.1, the successor Person corporation formed by such consolidation or into or with which the Company (and, if necessary, any co-issuer) is merged or to which such sale, assignment, conveyance, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that in the event of a transfer or lease, the predecessor Company shall not be relieved released from the obligation to pay payment of principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition of all or substantially all of obligations on the Company’s assets that meets the requirements of Section 5.01 hereofNotes.

Successor Person Substituted. Upon any consolidation consolidation, merger or mergerconversion, or any sale, assignment, transfer, conveyancelease, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof, the successor Person formed by such consolidation or into or with which the Company is merged or converted or to which such sale, assignment, transfer, conveyancelease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, conversion, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “"Company” " shall refer instead to the successor Person 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 had been named as the Company herein; providedPROVIDED, howeverHOWEVER, that the predecessor Company shall not be relieved from the obligation to pay the principal of, of and interest on, any on the Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition sale of all or substantially all of the Company’s 's assets that meets the requirements of Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 5.1 hereof, the successor Person corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, conveyance, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company hereinherein and when such successor Person duly assumes all the obligations and covenants of the Company pursuant to this Indenture, the Notes and the Security Documents the predecessor Person shall be relieved of all such obligations; provided, however, that in the event of a lease, the predecessor Company shall not be relieved released from the obligation to pay payment of principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition of all or substantially all of obligations on the Company’s assets that meets the requirements of Section 5.01 hereofNotes.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof5.1, the successor Person corporation formed by such consolidation or into or with which the Company (and, if necessary, any co-issuer) is merged or to which such sale, assignment, conveyance, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that in the event of a transfer or lease, the predecessor Company shall not be relieved released from the obligation to pay payment of principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition of all or substantially all of obligations on the Company’s assets that meets the requirements of Section 5.01 hereofNotes.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 5.1 hereof, the successor Person corporation formed by such consolidation or into or with which the Company (and, if necessary, any co-issuer) is merged or to which such sale, assignment, conveyance, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that in the event of a lease, the predecessor Company shall not be relieved released from the obligation to pay payment of principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition of all or substantially all of obligations on the Company’s assets that meets the requirements of Section 5.01 hereofNotes.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyance, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof5.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, assignment, transfer, conveyance, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyance, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company hereinin this Indenture; provided, however, that the predecessor Company shall not be relieved from the obligation to pay principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, conveyance or other disposition of all or substantially all of the Company’s assets that meets the requirements of Section 5.01 hereof5.01.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyancelease, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, conveyancelease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person and not to the Company), and the successor Person may exercise every right and power of, of the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided, however, that the predecessor Company shall not be relieved from the obligation to pay the principal of, of and interest on, any Securities on the Notes except in the case of a sale, assignment, transfer, conveyance, or other disposition sale of all or substantially all of the Company’s assets that meets the requirements of Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 5.1 hereof, the successor Person formed by such consolidation or into or with which the Company (and, if necessary, any co-issuer) is merged or to which such sale, assignment, conveyance, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that in the event of a lease, the predecessor Company shall not be relieved released from the obligation to pay payment of principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition of all or substantially all of obligations on the Company’s assets that meets the requirements of Section 5.01 hereofNotes.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 5.1 hereof, the successor Person corporation formed by such consolidation or into or with which the Company (and, if necessary, any co-issuer) is merged or to which such sale, assignment, conveyance, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that the predecessor Company shall not be relieved from the obligation to pay principal of, and interest on, any Securities except in the case of a salelease, assignment, transfer, conveyance, or other disposition the predecessor shall be relieved of all or substantially all of the Company’s assets that meets the requirements of Section 5.01 hereofsuch obligations.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignmentlease, transfer, conveyance, transfer or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance a transaction that is subject to, and that complies with the provisions of, Section 5.01 5.1 hereof, the successor Person person formed by such consolidation or into or with which the Company is merged or to which such sale, assignmentlease, transfer, conveyance, transfer or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, transfer or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person person 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 had been named as the Company herein; provided, however, that the predecessor Company shall not be relieved from the obligation to pay the principal of, of and interest on, on any Series of Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition sale of all or substantially all of the Company’s assets in a transaction that meets is subject to, and that complies with the requirements of provisions of, Section 5.01 5.1 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyancelease, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance a transaction that is subject to, and that complies with the provisions of, Section 5.01 hereof, the successor Successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, conveyancelease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Successor Person 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 Successor Person had been named as the Company herein; provided, however, that the predecessor Company shall not be relieved from the obligation to pay the principal of, of and interest on, any on the Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition sale of all or substantially all of the Company’s assets in a transaction that meets is subject to, and that complies with the requirements of provisions of, Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyancelease, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, conveyancelease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyanceassignment, lease, conveyance or other disposition, disposition the provisions of this Indenture referring to the “"Company” " shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that the predecessor Company Person shall not be relieved from the obligation to pay the principal of, of and interest on, any Securities on the Notes except in the case of a sale, assignment, transfer, conveyance, or other disposition sale of all or substantially all of the Company’s 's assets that meets the requirements of Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyancelease, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company Issuer in accordance with Section 5.01 hereof, the successor Person formed by such consolidation or into or with which the Company Issuer is merged or to which such sale, assignment, transfer, conveyancelease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” Issuer shall refer instead to the successor Person and not to the Companysuch Issuer), and may exercise every right and power of, of the Company Issuer under this Indenture with the same effect as if such successor Person had been named as the Company such Issuer herein; provided, however, provided that the predecessor Company Issuer shall not be relieved from the obligation to pay the principal of, of and interest on, any Securities on the Notes except in the case of a sale, assignment, transfer, conveyance, conveyance or other disposition of all or substantially all of the CompanyIssuer’s assets that meets the requirements of Section 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyancelease, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof5.01, the successor Person entity formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, conveyancelease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “"Company” " shall refer instead to the successor Person entity 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 entity had been named as the Company herein; provided, however, that the predecessor Company shall not be relieved from the obligation to pay the principal of, of and interest on, any Securities on the Notes except in the case of a sale, assignment, transfer, conveyancelease, conveyance or other disposition of all or substantially all of the Company’s 's assets that meets the requirements of Section 5.01 hereof5.01.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, conveyance, conveyance or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 hereof5.01, the successor Person corporation formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, conveyance, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyance, conveyance or other disposition, the provisions of this Indenture referring to the “"Company” " or "Brigxx & Xtraxxxx Xxxporation" shall refer instead to the successor Person corporation and not to the CompanyCompany or to Brigxx & Xtraxxxx Xxxporation), and may exercise every right and power of, of the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided, however, that the predecessor Company shall not be relieved from the obligation to pay the principal ofand premium, if any and interest onand Special Interest, if any Securities on the Notes except in the case of a sale, assignment, transfer, conveyance, conveyance or other disposition of all or substantially all of the Company’s 's assets that meets the requirements of Section 5.01 hereof5.01.

Successor Person Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, conveyance, lease or other disposition (other than by lease) of all or substantially all of the assets of the Company in accordance with Section 5.01 SECTION 5.1 hereof, the successor Person corporation formed by such consolidation or into or with which the Company (and, if necessary, any co‑issuer) is merged or to which such sale, assignment, conveyance, transfer, conveyance, lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, conveyancelease, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person 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 had been named as the Company herein; provided, however, that in the event of a transfer or lease, the predecessor Company shall not be relieved released from the obligation to pay payment of principal of, and interest on, any Securities except in the case of a sale, assignment, transfer, conveyance, or other disposition of all or substantially all of obligations on the Company’s assets that meets the requirements of Section 5.01 hereofNotes.