Common use of Successor Person Substituted Clause in Contracts

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or to which the conveyance, lease or transfer is made will succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination consolidation or merger of the Issuer or a Guarantor, Guarantor or any transfer sale, lease, transfer, conveyance or other disposition of all or substantially all of the assets of the Parent Issuer or the Issuer any Guarantor in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, Guarantee the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor Guarantor, as the case may be, under this Indenture, the Notes and the Note Guarantees Guarantees, as applicable, with the same effect as if such surviving entity had been named therein herein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. (a) Upon any consolidation, combination or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer by the Issuer is made will succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination or merger of Parent, the Issuer or a any other Guarantor, or any transfer Transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with the foregoing provisions of Section 5.01, in which Parent, the Issuer or such Guarantor is not the continuing obligor under the Notes or its related Note Guarantee, the surviving entity formed by such consolidation or into which Parent, the Issuer or such Guarantor is merged or to which the conveyance, lease or transfer Transfer is made will succeed to, and be substituted for, and may exercise every right and power ofof Parent, the Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or leaseParent, the Issuer or such Guarantor, as the case may be, will and, except in the case of a Transfer to Parent or any of its Subsidiaries, Parent, the Issuer or such Guarantor, as the case may be, shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of Parent’s, the Issuer’s or such Guarantor’s ’s, as the case may be, other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the sale, conveyance, lease lease, transfer, disposition or transfer assignment is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. (a) Upon any consolidation, combination or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the sale, conveyance, lease lease, transfer, disposition or transfer assignment is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination consolidation or merger of the Issuer or a Guarantor, Guarantor or any transfer sale, lease, transfer, conveyance or other disposition of all or substantially all of the assets of the Parent Issuer or the Issuer any Guarantor in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, Guarantee the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor Guarantor, as the case may be, under this Indenture, the Notes and the Note Guarantees Guarantees, as applicable, with the same effect as if such surviving entity had been named therein herein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination consolidation or merger of the Issuer or a Guarantor, or any transfer sale, lease, transfer, conveyance or other disposition of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer is made will succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor Guarantor, as the case may be, under this Indenture, the Notes and the Note Guarantees Guarantees, as applicable, with the same effect as if such surviving entity had been named therein herein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if as applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the sale, conveyance, lease lease, transfer, disposition or transfer assignment is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor under this Indenture, the Security Documents, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture Indenture, the Security Documents and its Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination consolidation or merger of the Issuer or a Guarantor, Guarantor or any transfer sale, lease, transfer, conveyance or other disposition of all or substantially all of the assets of the Parent Issuer or the Issuer any Guarantor in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, Guarantee the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor Guarantor, as the case may be, under this Indenture, the Registration Rights Agreement, the Notes and the Note Guarantees Guarantees, as applicable, with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor herein and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination consolidation or merger of the Issuer or a Guarantor, Guarantor or any transfer sale, lease, transfer, conveyance or other disposition of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, Guarantee the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor Guarantor, as the case may be, under this Indenture, the Notes and the Note Guarantees Guarantees, as applicable, with the same effect as if such surviving entity had been named therein herein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination or merger of the Parent, an Issuer or a any other Guarantor, or any transfer Transfer of all or substantially all of the assets of the Parent or the an Issuer in accordance with the foregoing provisions of Section 5.01, in which the Parent, such Issuer or such Guarantor is not the continuing obligor under the Notes or its related Note Guarantee, the surviving entity formed by such consolidation or into which the Parent, such Issuer or such Guarantor is merged or to which the conveyance, lease or transfer Transfer is made will succeed to, and be substituted for, and may exercise every right and power ofof Parent, the such Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or Parent, such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will and, except in the case of a Transfer to Parent or any of its Restricted Subsidiaries, Parent, such Issuer or such Guarantor, as the case may be, shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Parent’s, such Issuer’s or such Guarantor’s ’s, as the case may be, other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination or merger of the Parent, an Issuer or a any other Guarantor, or any transfer Transfer of all or substantially all of the assets of the Parent or the an Issuer in accordance with the foregoing provisions of Section 5.01, in which the Parent, such Issuer or such Guarantor is not the continuing obligor under the Notes or its related Note Guarantee, the surviving entity formed by such consolidation or into which the Parent, such Issuer or such Guarantor is merged or to which the conveyance, lease or transfer Transfer is made will succeed to, and be substituted for, and may exercise every right and power ofof Parent, the such Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or Parent, such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will and, except in the case of a Transfer to Parent or any of its Subsidiaries, Parent, such Issuer or such Guarantor, as the case may be, shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Parent’s, such Issuer’s or such Guarantor’s ’s, as the case may be, other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination or merger of the Parent, an Issuer or a any other Guarantor, or any transfer Transfer of all or substantially all of the assets of the Parent or the an Issuer in accordance with the foregoing provisions of Section 5.01, in which the Parent, such Issuer or such Guarantor is not the continuing obligor under the Notes or its related Note Guarantee, the surviving entity formed by such consolidation or into which the Parent, such Issuer or such Guarantor is merged or to which the conveyance, lease or transfer Transfer is made will succeed to, and be substituted for, and may exercise every right and power ofof Parent, the such Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or Parent, such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will and, except in the case of a Transfer to Parent or any of its Restricted Subsidiaries, Parent, such Issuer or such Guarantor, as the case may be, shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Parent’s, such Issuer’s or such Guarantor’s ’s, as the case may be, other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. (a) Upon any consolidation, combination or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.015.01 hereof, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, as applicable, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer by the Issuer is made will succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor under this Supplemental Indenture, the Notes and the Note Guarantees Guarantees, as applicable, with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Supplemental Indenture and its Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer or a GuarantorIssuer, or any transfer Transfer of all or substantially all of the assets of the Parent or the Issuer and its Subsidiaries, taken as a whole, in accordance with the foregoing provisions of Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note GuaranteeNotes, (x) the surviving entity (i) formed by such consolidation or into which the Issuer or such Guarantor is merged or merged, (ii) to which such Transfer of all or substantially all of the conveyanceassets of the Issuer and its Subsidiaries, lease or transfer taken as a whole, is made will succeed to, and be substituted for, (y) such surviving entity shall expressly assume the rights, covenants and obligations of the Issuer under this Indenture and the Notes by a supplemental indenture reasonably satisfactory to the Trustee, executed and delivered by such surviving entity prior to or simultaneously with such consolidation, combination, merger or Transfer, and (z) in the case of a Transfer of all or substantially all of the assets of the Issuer and its Subsidiaries, taken as a whole, and may exercise every right and power of, of the Issuer or such Guarantor under this Indenture, Indenture and the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as and all of the case may be, Guarantors will be released from the obligation to pay the principal of and interest on the such Notes or in respect of its related Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the such Notes, this Indenture and its related Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer is made will succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. Table of Contents -62- ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination or merger of Parent, the Issuer or a any other Guarantor, or any transfer Transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with the foregoing provisions of Section 5.01, in which Parent, the Issuer or such Guarantor is not the continuing obligor under the Notes or its related Note Guarantee, the surviving entity formed by such consolidation or into which Parent, the Issuer or such Guarantor is merged or to which the conveyance, lease or transfer Transfer is made will succeed to, and be substituted for, and may exercise every right and power ofof Parent, the Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or leaseParent, the Issuer or such Guarantor, as the case may be, will and, except in the case of a Transfer to Parent or any of its Restricted Subsidiaries, Parent, the Issuer or such Guarantor, as the case may be, shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of Parent’s, the Issuer’s or such Guarantor’s ’s, as the case may be, other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination or merger of Parent, the Issuer or a any other Guarantor, or any transfer Transfer of all or substantially all of the assets of the Parent or the Issuer Issuer, in accordance with the foregoing provisions of Section 5.01, in which Parent, the Issuer or such Guarantor is not the continuing obligor under the Notes or its related Note Guarantee, the surviving entity formed by such consolidation or into which Parent, the Issuer or such Guarantor is merged or to which the conveyance, lease or transfer Transfer is made will succeed to, and be substituted for, and may exercise every right and power ofof Parent, the Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as Parent, the Issuer or such Guarantor Guarantor, as the case may be, and, except in the case of a conveyanceTransfer to Parent or any of its Subsidiaries, transfer or leaseParent, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the such Notes or in respect of its related Note Guarantee, as the case may be, and all of Parent’s, the Issuer’s or such Guarantor’s ’s, as the case may be, other obligations and covenants under the such Notes, this Indenture and its related Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination consolidation or merger of the an Issuer or a Guarantor, or any transfer disposition of all or substantially all of the assets of the Parent or the an Issuer in accordance with Section 5.01, in which the such Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the such Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer disposition is made will shall succeed to, and be substituted for, and may exercise every right and power of, the such Issuer or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the such Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the such Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the such Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination consolidation or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent Issuer or the Issuer any Guarantor in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, Guarantee the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor Guarantor, as the case may be, under this Indenture, the Registration Rights Agreement, the Notes and the Note Guarantees Guarantees, as applicable, with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor herein and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIXSIX DEFAULTS AND REMEDIES

Successor Person Substituted. (a) Upon any consolidation, combination or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the sale, conveyance, lease lease, transfer, disposition or transfer assignment is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor under this Indenture, the Security Documents, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture Indenture, the Security Documents and its Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer or a any Guarantor, or any transfer Transfer of all or substantially all of the Issuer’s or a Guarantor’s assets of the Parent or the Issuer in accordance with the foregoing provisions of Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes Securities or its Note the related Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or to which the conveyance, lease or transfer Transfer is made will succeed to, and be substituted for, and may exercise every right and power of, of the Issuer or such Guarantor under this Indenture, the Notes Securities, and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor Guarantor, as the case may be, and, except in the case of a conveyance, transfer Transfer to the Issuer or leaseany of the Guarantors, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes such Securities or in respect of its Note the related Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s ’s, as the case may be, other obligations and covenants under the Notessuch Securities, this Indenture and its Note the related Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination consolidation or merger of the Issuer or a Guarantor, or any transfer sale, lease, transfer, conveyance or other disposition of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer is made will succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor Guarantor, as the case may be, under this Indenture, the Notes and the Note Guarantees Guarantees, as applicable, with the same effect as if such surviving entity had been named therein herein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if as applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer or a any Guarantor, or any transfer Transfer of all or substantially all of the Issuer’s or a Guarantor’s assets of the Parent or the Issuer in accordance with the foregoing provisions of Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its the related Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or to which the conveyance, lease or transfer Transfer is made will succeed to, and be substituted for, and may exercise every right and power of, of the Issuer or such Guarantor under this Indenture, the Notes Notes, and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor Guarantor, as the case may be, and, except in the case of a conveyance, transfer Transfer to the Issuer or leaseany of the Guarantors, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the such Notes or in respect of its the related Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s ’s, as the case may be, other obligations and covenants under the such Notes, this Indenture and its the related Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer or a any Guarantor, or any transfer Transfer of all or substantially all of the Issuer’s or a Guarantor’s assets of the Parent or the Issuer in accordance with the foregoing provisions of Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes Securities or its Note the related Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or to which the conveyance, lease or transfer Transfer is made will succeed to, and be substituted for, and may exercise every right and power of, of the Issuer or such Guarantor under this Indenture, the Notes Securities, and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor Guarantor, as the case may be, and, except in the case of a conveyance, transfer Transfer to the Issuer or leaseany of the Guarantors, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes such Securities or in respect of its Note the related Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s ’s, as the case may be, other obligations and covenants under the Notessuch Securities, this Indenture and its Note the related Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination or merger of Holdings or the Issuer or a GuarantorIssuer, or any transfer Transfer of all or substantially all of the its assets of the Parent or the Issuer in accordance with the foregoing provisions of Section 5.01, in which Holdings or the Issuer or such Guarantor is not the continuing obligor under this Indenture and the Notes Note Guarantee or its Note Guaranteethe Notes, as the case may be, the surviving entity formed by such consolidation or into which Holdings or the Issuer or such Guarantor is merged or to which the conveyance, lease such Transfer of all or transfer substantially all of its assets is made will succeed to, and be substituted for, and may exercise every right and power of, of Holdings or the Issuer or such Guarantor under this Indenture, the Notes Indenture and the Note Guarantees Guarantee or the Notes, as the case may be, with the same effect as if such surviving entity had been named therein as Holdings or the Issuer and Holdings or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such GuarantorIssuer, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes such Note Guarantee or in respect of its Note Guarantee, as the case may besuch Notes, and from all of Holdings’ or the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, such Note Guarantee or such Notes and this Indenture and its Note Guarantee, if applicableIndenture. ARTICLE SIX74

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or to which the conveyance, lease or transfer is made will succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor under this Indenture, the Security Documents, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture Indenture, the Security Documents and its Note Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination or merger of Holdings or the Issuer or a GuarantorIssuer, or any transfer Transfer of all or substantially all of the its assets of the Parent or the Issuer in accordance with the foregoing provisions of Section 5.01, in which Holdings or the Issuer or such Guarantor is not the continuing obligor under this Indenture and the Notes Note Guarantee or its Note Guaranteethe Notes, as the case may be, the surviving entity formed by such consolidation or into which Holdings or the Issuer or such Guarantor is merged or to which the conveyance, lease such Transfer of all or transfer substantially all of its assets is made will succeed to, and be substituted for, and may exercise every right and power of, of Holdings or the Issuer or such Guarantor under this Indenture, the Notes Indenture and the Note Guarantees Guarantee or the Notes, as the case may be, with the same effect as if such surviving entity had been named therein as Holdings or the Issuer and Holdings or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such GuarantorIssuer, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes such Note Guarantee or in respect of its Note Guarantee, as the case may besuch Notes, and from all of Holdings’ or the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, such Note Guar- xxxxx or such Notes and this Indenture and its Note Guarantee, if applicableIndenture. ARTICLE SIXSIX DEFAULTS AND REMEDIES SECTION 6.01.

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer Parent Guarantor or a Guarantorthe Issuer, or any transfer Transfer of all or substantially all of the assets of the Parent or the Issuer Guarantor and its Subsidiaries, taken as a whole, in accordance with the foregoing provisions of Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guaranteeeach series of Notes, the surviving entity formed by such consolidation or into which the Parent Guarantor or the Issuer or such Guarantor is merged or to which such Transfer of all or substantially all of the conveyanceassets of the Parent Guarantor and its Subsidiaries, lease or transfer taken as a whole, is made made, will succeed to, and be substituted for, and may exercise every right and power of, of the Issuer or such Guarantor under this Indenture, the Indenture and each series of Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as and all of the case may be, Guarantors will be released from the obligation to pay the principal of and interest on the such series of Notes or in respect of its Note related Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the such Notes, this Indenture and its Note related Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer Partnership or a Subsidiary Guarantor, or any transfer of all or substantially all of the assets of the Parent or the Issuer Partnership in accordance with Section 5.01, in which the Issuer Partnership or such Subsidiary Guarantor is not the continuing obligor under the Notes or its Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer Partnership or such Guarantor is merged or the Person to which the conveyance, lease or transfer is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer Partnership or such Guarantor under this Indenture, the Notes and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer Partnership or such Subsidiary Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer Partnership or such Subsidiary Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the IssuerPartnership’s or such Subsidiary Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX.

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer or a any Guarantor, or any transfer Transfer of all or substantially all of the Issuer’s or a Guarantor’s assets of the Parent or the Issuer in accordance with the foregoing provisions of Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes Securities or its Note the related Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or to which the conveyance, lease or transfer Transfer is made will succeed to, and be substituted for, and may exercise every right and power of, of the Issuer or such Guarantor under this Indenture, the Notes Securities, and the Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor Guarantor, as the case may be, and, except in the case of a conveyance, transfer Transfer to the Parent Guarantor or leaseany of its Subsidiaries, the Issuer or such Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes such Securities or in respect of its Note the related Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s ’s, as the case may be, other obligations and covenants under the Notessuch Securities, this Indenture and its Note the related Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination consolidation or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent Issuer or the Issuer any Guarantor in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee, Guarantee the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or the Person to which the conveyance, lease or transfer is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor Guarantor, as the case may be, under this Indenture, the Registration Rights Agreement, the Notes and the Note Guarantees Guarantees, as applicable, with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor herein and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable. ARTICLE SIX

Successor Person Substituted. Upon any consolidation, combination or merger of the Issuer or a Guarantor, or any transfer of all or substantially all of the assets of the Parent or the Issuer in accordance with Section 5.01, in which the Issuer or such Guarantor is not the continuing obligor under the Discount Notes or its Discount Note Guarantee, the surviving entity formed by such consolidation or into which the Issuer or such Guarantor is merged or to which the conveyance, lease or transfer is made will shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or such Guarantor under this Indenture, the Discount Notes and the Discount Note Guarantees with the same effect as if such surviving entity had been named therein as the Issuer or such Guarantor and, except in the case of a conveyance, transfer or lease, the Issuer or such Guarantor, as the case may be, will shall be released from the obligation to pay the principal of and interest (including Additional Interest, if any) on the Discount Notes or in respect of its Discount Note Guarantee, as the case may be, and all of the Issuer’s or such Guarantor’s other obligations and covenants under the Discount Notes, this Indenture and its Discount Note Guarantee, if applicable. ARTICLE SIX