Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 116 contracts
Sources: Indenture (Cullen/Frost Bankers, Inc.), Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Indenture (Mho, LLC)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE
Appears in 112 contracts
Sources: Indenture (Hp Inc), Indenture (Corning Finance B V), Indenture (M/I Homes of Grandview Yard, LLC)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 63 contracts
Sources: Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc), Indenture (Axos Financial, Inc.)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties property and assets of the Company substantially as an entirety in accordance with Section 8015.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer transfer, lease or lease other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, herein and thereafterthereafter the predecessor Person, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 63 contracts
Sources: Senior Indenture (Gartner Inc), Senior Indenture (Gartner Inc), Senior Indenture (Privia Health Group, Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease (as lessor) of the properties and assets of the Company as, or substantially as as, an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a leaselease (where the Company is the lessor), the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 60 contracts
Sources: Indenture (AlphaTON Capital Corp), Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Verb Technology Company, Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer transfer, or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer transfer, or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company hereinin this Indenture, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 49 contracts
Sources: Indenture (United Community Banks Inc), Indenture (Independent Bank Corp), Indenture (Valley National Bancorp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 42 contracts
Sources: Indenture (Liquid Media Group Ltd.), Indenture (Liquid Media Group Ltd.), Indenture (Meta Financial Group Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 39 contracts
Sources: Indenture (Omeros Corp), Indenture (B. Riley Financial, Inc.), Indenture (Abbott Laboratories)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE Supplemental Indentures
Appears in 38 contracts
Sources: Indenture (Allegheny Energy Supply Co LLC), Indenture (Sonoco Products Co), Indenture (American Tower Corp /Ma/)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, into any other Person or any conveyance, transfer or lease of all or substantially all the properties and assets of the Company substantially as an entirety in accordance with Section 8017.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 30 contracts
Sources: Indenture (Mercury Computer Systems Inc), Indenture (Epix Medical Inc), Indenture (Chiron Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any transfer, conveyance, transfer sale, lease or lease other disposition of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Successor Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 30 contracts
Sources: Subordinated Indenture (Bristow Helicopters Inc), Senior Indenture (Bristow Helicopters Inc), Subordinated Indenture (Gulfport Appalachia, LLC)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8017.1, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 25 contracts
Sources: Purchase Agreement (Lexar Media Inc), Indenture (St Mary Land & Exploration Co), Indenture (Symantec Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any sale, conveyance, transfer or lease of all or substantially all the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 25 contracts
Sources: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.), Indenture (Gulfport Buckeye LLC)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any sale, conveyance, transfer or lease of all or substantially all the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 24 contracts
Sources: Indenture (Laredo Midstream Services, LLC), Indenture (Burleson Water Resources, LLC), Indenture (Burleson Water Resources, LLC)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, herein and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesSecurities and coupons and may liquidate and dissolve.
Appears in 22 contracts
Sources: Indenture (Dime Community Bancshares, Inc. /NY/), Indenture (Community West Bancshares), Indenture (Community West Bancshares)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyancesale, transfer lease or lease conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyancesale, transfer lease or lease conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."
Appears in 18 contracts
Sources: Supplemental Indenture (Kroger Co), Supplemental Indenture (Kroger Co), Eleventh Supplemental Indenture (Kroger Co)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any sale, conveyance, transfer assignment, transfer, lease or lease other disposition of all or substantially all of the properties and Company’s assets of the Company substantially as an entirety in accordance with Section 8016.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer assignment, transfer, lease or lease other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 14 contracts
Sources: Indenture (Service Corporation International), Indenture (Service Corporation International), Indenture (Comtech Telecommunications Corp /De/)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any transfer, conveyance, transfer sale, lease or lease other disposition of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Successor Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 13 contracts
Sources: Subordinated Indenture (Penn Virginia Oil & Gas, L.P.), Subordinated Indenture (Penn Virginia Oil & Gas, L.P.), Senior Indenture (Penn Virginia Oil & Gas, L.P.)
Successor Substituted. Upon any consolidation of by the Company with, with or merger of by the Company into, into any other Person corporation or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 13 contracts
Sources: Indenture (Exela Technologies, Inc.), Indenture (Exela Technologies, Inc.), Indenture (Greenidge Generation Holdings Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesSecurities and coupons and may liquidate and dissolve.
Appears in 12 contracts
Sources: Senior Indenture (Newfield Exploration Co /De/), Subordinated Indenture (Newfield Exploration Co /De/), Subordinated Debt Indenture (Dynegy Capital Trust Iii)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8014.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 12 contracts
Sources: Indenture (Cisco Systems Inc), Indenture (Cisco Systems Inc), Indenture (Cisco Systems Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company with or into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE Supplemental Indentures
Appears in 11 contracts
Sources: Indenture (Nextlink Communications Inc / De), Indenture (Nextlink Communications Inc / De), Indenture (Nextlink Communications Inc /De/)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all the properties and assets of the Company substantially as an entirety on a consolidated basis in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 11 contracts
Sources: Indenture (Budget Group Inc), Indenture (Chemed Capital Trust), Indenture (Calpine Capital Trust)
Successor Substituted. Upon any consolidation of the Company Corporation with, or merger of the Company Corporation into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety Corporation in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company Corporation is merged or to which such sale, conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company Corporation under this Indenture with the same effect as if such successor Person had been named as the Company Corporation herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 11 contracts
Sources: Indenture (Amerant Bancorp Inc.), Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Pa/)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company with or into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 11 contracts
Sources: Indenture (Xo Communications Inc), Indenture (Precision Castparts Corp), Indenture (Wisconsin Central Transportation Corp)
Successor Substituted. Upon any amalgamation, consolidation of the Company withor merger, or merger of the Company into, any other Person or any conveyance, transfer transfer, lease or lease other disposition of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or the successor Person to which such conveyance, transfer transfer, lease or lease other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, ; and thereafter, except in the case of a lease, the predecessor Person Company shall be relieved of discharged from all obligations and covenants under this Indenture and the Securities.
Appears in 11 contracts
Sources: Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE SUPPLEMENTAL INDENTURES
Appears in 10 contracts
Sources: Indenture (Hp Inc), Indenture (Procter & Gamble International Funding SCA), Indenture (Overseas Shipholding Group Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially and its Subsidiaries, taken as an entirety a whole, in accordance with Section 80110.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, and except for obligations the predecessor Person may have under a supplemental indenture, the predecessor Person shall be relieved of all obligations and covenants under this the Indenture and the SecuritiesNotes.
Appears in 10 contracts
Sources: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Indenture (Mannkind Corp)
Successor Substituted. Upon any consolidation of or merger by the Company with, with or merger of the Company into, into any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety to any Person, in accordance with Section 8016.1 hereof, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a leaselease to another Person, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 10 contracts
Sources: Indenture (Cv Therapeutics Inc), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)
Successor Substituted. Upon any consolidation of by the Company with, with or merger of by the Company into, into any other Person corporation or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8016.1, the successor Person corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 9 contracts
Sources: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/)
Successor Substituted. Upon any consolidation of by the Company with, with or merger of by the Company into, into any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8016.1, the successor Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 9 contracts
Sources: Indenture (Tiptree Inc.), Indenture (Tiptree Inc.), Senior Indenture (Affiliated Managers Group, Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person in which the Company is not the survivor, or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 8 contracts
Sources: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any transfer, conveyance, transfer sale, lease or lease other disposition of all or substantially all of the properties and assets of the Company substantially as an entirety and its Subsidiaries on a consolidated basis, in each case in accordance with Section 8017.1, the successor Person formed by such consolidation or into which the Successor Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture and under the Securities and any interest coupons appertaining thereto with the same effect as if such successor Person Successor Company had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person (if still in existence) shall be relieved of all obligations and covenants agreements under this Indenture and the SecuritiesSecurities and any interest coupons appertaining thereto.
Appears in 7 contracts
Sources: Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Owens & Minor Inc/Va/), Subordinated Indenture (Allied Waste Industries Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all released from its obligations and covenants under this Indenture and the Securities.
Appears in 7 contracts
Sources: Indenture (Itron Inc /Wa/), Indenture (Affymetrix Inc), Indenture (Seacor Holdings Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyancesale, transfer lease or lease conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyancesale, transfer lease or lease conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.”
Appears in 7 contracts
Sources: Twenty Second Supplemental Indenture (Kroger Co), Supplemental Indenture (Kroger Co), Supplemental Indenture (Kroger Co)
Successor Substituted. Upon any consolidation of by the Company with, with or merger of by the Company into, into any other Person corporation or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 7 contracts
Sources: Indenture (Wright Medical Group N.V.), Indenture (Hanover Insurance Group, Inc.), Indenture (Atlas Air Worldwide Holdings Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, with or into any other Person or any sale, conveyance, transfer transfer, lease or lease other disposition of all or substantially all of the properties and assets of the Company substantially as an entirety on a consolidated basis in accordance with Section 8018.1, the successor or resulting Person formed by or resulting upon such consolidation or into which merger (if other than the Company is merged Company) or to which such sale, conveyance, transfer transfer, lease or lease other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person Company shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 7 contracts
Sources: Indenture (Alto Ingredients, Inc.), Indenture (Alto Ingredients, Inc.), Indenture (Pacific Ethanol, Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger of by the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE
Appears in 6 contracts
Sources: Indenture (Jostens Inc), Indenture (Fingerhut Companies Inc), Indenture (Deluxe Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, herein and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesSecurities and coupons and may liquidate and dissolve.
Appears in 6 contracts
Sources: Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc), Indenture (Investar Holding Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8017.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 6 contracts
Sources: Indenture (Newmont Usa LTD), Indenture (Iac/Interactivecorp), Indenture (Century Aluminum Co)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 80110.1, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 6 contracts
Sources: Indenture (Cheniere Energy Inc), Purchase Agreement (C&d Technologies Inc), Indenture (Cheniere Energy Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties property and assets of the Company substantially as an entirety in accordance with Section 8015.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and Successor may exercise every right and power of, of the Company under this Indenture with the same effect as if such successor Person Successor had been named as the Company herein, herein and thereafterthereafter the predecessor Person, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 6 contracts
Sources: Indenture (Tapestry, Inc.), Indenture (Tapestry, Inc.), Indenture (Tapestry, Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801701, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 5 contracts
Sources: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8016.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 5 contracts
Sources: Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 5 contracts
Sources: Subordinated Indenture (Medtronic Inc), Subordinated Indenture (Medtronic Inc), Senior Indenture (Medtronic PLC)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyancesale, transfer or lease of the properties and assets of the Company as, or substantially as as, an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyancesale, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named originally as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE
Appears in 5 contracts
Sources: Indenture (El Paso Energy Corp/De), Indenture (Tennessee Gas Pipeline Co), Indenture (El Paso Energy Capital Trust Iii)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 80111.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a leaselease of all or substantially all of the Company’s properties and assets, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 5 contracts
Sources: Indenture (Wellpoint, Inc), Indenture (Verisign Inc/Ca), Indenture (Microchip Technology Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and or the Securities.
Appears in 5 contracts
Sources: Indenture (Bowater Inc), Indenture (Bowater Inc), Indenture (Bowater Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer transfer, sale or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer transfer, sale or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE
Appears in 5 contracts
Sources: Indenture (Cuc International Inc /De/), Indenture (Tech Data Corp), Indenture (Interim Services Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8017.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 5 contracts
Sources: Indenture (Rambus Inc), Indenture (Rambus Inc), Indenture (Rambus Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, into any other Person or any conveyance, transfer transfer, sale or lease of all or substantially all the properties and assets of the Company substantially as an entirety in accordance with Section 8017.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 5 contracts
Sources: Indenture (Solectron Corp), Indenture (Hewitt Associates Inc), Indenture (Solectron Corp)
Successor Substituted. Upon any consolidation of the Company Corporation with, or merger of the Company Corporation into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company Corporation substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company Corporation is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company Corporation under this Indenture with the same effect as if such successor Person had been named as the Company Corporation herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE
Appears in 5 contracts
Sources: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8015.1, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 4 contracts
Sources: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any sale, conveyance, transfer assignment, transfer, lease or lease other disposition of all or substantially all of the properties and Company’s assets of the Company substantially as an entirety in accordance with Section 8017.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer assignment, transfer, lease or lease other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 4 contracts
Sources: Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE
Appears in 4 contracts
Sources: Indenture (Speedway Motorsports Inc), Indenture (Nielsen Media Research Inc), Purchase Agreement (World Airways Inc /De/)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, into any other Person or any conveyance, transfer transfer, sale or lease of all or substantially all the properties and assets of the Company substantially as an entirety in accordance with Section 8017.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such conveyance, transfer transfer, sale or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 4 contracts
Sources: Indenture (Alesco Financial Inc), Indenture (Privatebancorp, Inc), Indenture (Oil States International Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer, lease or other disposition of all or substantially all of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties property and assets of the Company substantially as an entirety in accordance with Section 8015.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, assignment, conveyance, transfer transfer, lease or lease other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, herein and thereafterthereafter the predecessor Person, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 4 contracts
Sources: Indenture (Avangrid, Inc.), Indenture (Avangrid, Inc.), Indenture (Avangrid, Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger or amalgamation of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8015.1 hereof, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 4 contracts
Sources: Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a transfer by lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE
Appears in 4 contracts
Sources: Indenture (North American Vaccine Inc), Indenture (Res Care Inc /Ky/), Indenture (Physicians Resource Group Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of by the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 4 contracts
Sources: Indenture (Hillenbrand, Inc.), Indenture (Olympic Financial LTD), Indenture (Olympic Financial LTD)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyancesale, transfer or lease of the properties and assets of the Company as, or substantially as as, an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyancesale, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named originally as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 4 contracts
Sources: Indenture (COLORADO INTERSTATE ISSUING Corp), Indenture (Lakehead Pipeline Co Lp), Indenture (Lakehead Pipeline Co Lp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8015.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture Indenture, the Notes and the Registration Rights Agreement with the same effect as if such successor Person had been named as the Company hereinherein or therein and, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture Indenture, the Notes and the SecuritiesRegistration Rights Agreement.
Appears in 4 contracts
Sources: Indenture (NEWMONT Corp /DE/), Indenture, Indenture (NEWMONT Corp /DE/)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8015.01, the successor Person person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and and, except in the case of a lease, be substituted for, and may exercise every right and power of, and shall assume every duty and obligation of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter. When the successor assumes all obligations of the Company hereunder, except in the case of a lease, all obligations of the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securitiesterminate.
Appears in 4 contracts
Sources: Indenture (WebMD Health Corp.), Indenture (WebMD Health Corp.), Indenture (WebMD Health Corp.)
Successor Substituted. Upon any consolidation of the Company withor merger, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture indenture with the same effect as if such successor Person had been named as the Company herein, ; and thereafter, except in the case of a lease, the predecessor Person Company shall be relieved of discharged from all obligations and covenants under this Indenture and the Securities.
Appears in 4 contracts
Sources: Indenture (Hallwood Group Inc), Indenture (Hallwood Group Inc), Indenture (Hallwood Group Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8015.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Senior Indenture (Delta Air Lines Inc /De/), Subordinated Indenture (Delta Air Lines Inc /De/), Indenture (Brightpoint Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger with or into or sale of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8019.01, the successor Person formed by such consolidation or into which the Company is merged with or into or sold or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a leaselease of all or substantially all of the Company’s properties and assets, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Indenture (Concur Technologies Inc), Indenture (Xilinx Inc), Indenture (Concur Technologies Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.Securities and coupons and may liquidate and dissolve. ARTICLE NINE
Appears in 3 contracts
Sources: Subordinated Indenture (Dynegy Capital Trust Ii), Indenture (Dynegy Holdings Inc), Indenture (NGC Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease substantially as an entity, of the properties and assets of the Company substantially and its Subsidiaries, taken as an entirety a whole, in accordance with Section 8016.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, and except for obligations the predecessor Person may have under a supplemental indenture, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Indenture (American Medical Systems Holdings Inc), Indenture (First Potomac Realty Trust), Indenture (American Medical Systems Holdings Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, ; and thereafter, except in the event of any such conveyance or transfer (but not in the case of a lease, ) the predecessor Person Company shall be relieved of discharged from all obligations and covenants under this the Indenture and the SecuritiesSecurities and may be dissolved and liquidated.
Appears in 3 contracts
Sources: Indenture (American Italian Pasta Co), Indenture (Bay Valley Foods, LLC), Indenture (Bay Valley Foods, LLC)
Successor Substituted. Upon any consolidation of the Company withor merger, or merger of the Company intoany sale, any other Person or any conveyance, transfer assignment, transfer, lease or lease other disposition of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8015.01, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, conveyance, transfer assignment, transfer, lease or lease other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter; and, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Indenture (Becton Dickinson Euro Finance S.a. r.l.), Indenture (Becton Dickinson & Co), Indenture (Becton Dickinson & Co)
Successor Substituted. Upon any consolidation of by the Company with, with or merger of by the Company into, into any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation consolidation, or into which the Company is merged or to which such conveyance, transfer or lease is made made, shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8017.1, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer transfer, sale or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE
Appears in 3 contracts
Sources: Indenture (National Data Corp), Indenture (Reptron Electronics Inc), Indenture (Budget Group Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE
Appears in 3 contracts
Sources: Indenture (Associated Banc-Corp), Indenture (Associated Banc-Corp), Indenture (Associated Banc-Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially and its Subsidiaries, taken as an entirety a whole, in accordance with Section 8017.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, and except for obligations the predecessor Person may have under a supplemental indenture, the predecessor Person shall be relieved of all obligations and covenants under this the Indenture and the Securities.
Appears in 3 contracts
Sources: Supplemental Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 3 contracts
Sources: Indenture (Gas Transporter of the South Inc), Indenture (Gas Transporter of the South Inc), Indenture (Gas Transporter of the South Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Indenture (Avon Products Inc), Indenture (Avon Products Inc), Indenture (Retirement Inns of America, Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer transfer, or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer transfer, or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, 50 the Company under this Indenture with the same effect as if such successor Person had been named as the Company hereinin this Indenture, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Indenture (Independent Bank Corp), Indenture (Independent Bank Corp), Indenture (Independent Bank Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any sale, conveyance, transfer or lease of all or substantially all the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Indenture (American Safety Insurance Holdings LTD), Indenture (American Safety Insurance Holdings LTD), Indenture (Clarksburg Skylark, LLC)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer sale, transfer, lease or lease other disposition of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8016.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, sale, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Indenture (Meritor Inc), Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, into any other Person or any conveyance, transfer or lease of all or substantially all the properties and assets of the Company substantially as an entirety in accordance with Section 8017.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE EIGHT
Appears in 3 contracts
Sources: Indenture (Sports Authority Inc /De/), Indenture (DSC Communications Corp), Indenture (Alcatel Usa Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets Assets of the Company substantially as an entirety in accordance with Section 8015.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 3 contracts
Sources: Indenture (General Growth Properties, Inc.), Indenture (Rouse Co LP), Indenture (General Growth Properties Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8015.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all released from its obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Indenture (Dominion Resources Inc /Va/), Indenture (Consolidated Natural Gas Co/Va), Indenture (Louis Dreyfus Natural Gas Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8017.5, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 3 contracts
Sources: Indenture (Clearwire Corp), Indenture (Clearwire Corp), Indenture (Clearwire Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all the properties and assets of the Company substantially as an entirety on a consolidated basis in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE Supplemental Indentures
Appears in 3 contracts
Sources: Indenture (Calenergy Co Inc), Indenture (Calenergy Capital Trust Iii), Indenture (Fleetwood Enterprises Inc/De/)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, to and be substituted for, for and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, as the case may be, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Indenture (Petrobras Global Finance B.V.), Indenture (Petrobras International Finance Co), Indenture (Petrobras International Finance Co)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease substantially as an entity, of the properties and assets of the Company substantially and its Subsidiaries, taken as an entirety a whole, in accordance with Section 8016.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, and except for obligations the predecessor Person may have under a supplemental indenture, the predecessor Person shall be relieved of released from all obligations and covenants under this Indenture and the Securities.
Appears in 3 contracts
Sources: Master Transaction Agreement (Cig Media LLC), Master Transaction Agreement (Ion Media Networks Inc.), Master Transaction Agreement (Cig Media LLC)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes outstanding hereunder.
Appears in 3 contracts
Sources: Indenture (PNM Resources Inc), Indenture (Public Service Co of New Mexico), Indenture (Public Service Co of New Mexico)
Successor Substituted. Upon any consolidation of the Company with, or merger of by the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person (if still in existence) shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE
Appears in 3 contracts
Sources: Indenture (Allegheny Ludlum Corp Et Al), Indenture (Equitable Resources Inc /Pa/), Indenture (Allegheny Ludlum Corp Et Al)
Successor Substituted. Upon any consolidation of the Company with, or merger with or into or sale of the Company into, any other Person or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with this Section 80111.02, the successor Person formed by such consolidation or into which the Company is merged with or into or sold or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a leaselease of all or substantially all of the Company’s properties and assets, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.
Appears in 3 contracts
Sources: Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture Indenture, any applicable supplemental indentures and the Securities.
Appears in 2 contracts
Sources: Subordinated Indenture (Ddi Corp), Subordinated Indenture (Ddi Corp)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyancetransfer, transfer sale, lease or lease other disposition of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801601, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyancetransfer, transfer sale, lease or lease other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture Security with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.Security. ARTICLE SEVEN
Appears in 2 contracts
Sources: Limited Liability Company Agreement (Iridium World Communications LTD), Limited Liability Company Agreement (Iridium LLC)
Successor Substituted. Upon any consolidation of the Company with, with or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company as, or substantially as as, an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesSecurities and may liquidate and dissolve.
Appears in 2 contracts
Sources: Indenture (Weatherford International Inc /New/), Indenture (Weatherford International Inc /New/)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE Supplemental Indentures
Appears in 2 contracts
Sources: Indenture (Millicom International Cellular Sa), Indenture (Millicom International Cellular Sa)
Successor Substituted. Upon any consolidation of the Company withor merger, or merger of the Company intoany sale, any other Person or any conveyance, transfer or lease other disposition of all or substantially all of the properties property and assets of the Company substantially as an entirety in accordance with Section 8015.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or lease other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided, and thereafterhowever, except that in the case of a lease, the predecessor Person Company shall not be relieved released from the obligation to pay the principal of all obligations and covenants under this Indenture and interest on the SecuritiesNotes.
Appears in 2 contracts
Sources: Indenture (Acme Metals Inc /De/), Indenture (Powertel Inc /De/)
Successor Substituted. Upon any consolidation of the Company withor merger, or merger of the Company intoany sale, any other Person or any assignment, conveyance, transfer transfer, lease or lease disposition of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or the successor Person to which such sale, assignment, conveyance, transfer transfer, lease or lease disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, of the Company under the Securities and this Indenture with the same effect as if such successor Person had been named as the Company herein, in the Securities and thereafterthis Indenture and, except in the case of a lease, the predecessor Person Company shall be relieved of all released and discharged from its obligations and covenants under this Indenture and the Securitiesthereunder.]
Appears in 2 contracts
Sources: Senior Indenture (United Rentals Realty, LLC), Senior Indenture (Wynne Systems Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities. ARTICLE IX.
Appears in 2 contracts
Sources: Indenture (Toro Co), Indenture (Toro Co)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any transfer, conveyance, transfer sale, lease or lease other disposition of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01 (in each such case the successor entity shall be known as the “Successor Company”), the successor Person formed by such consolidation or into which the Successor Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.
Appears in 2 contracts
Sources: Indenture (Overseas Shipholding Group Inc), Indenture (Overseas Shipholding Group Inc)
Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyancesale, transfer or lease of the properties and assets of the Company as, or substantially as as, an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyancesale, transfer or lease is made made, shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named originally as the Company herein, and thereafterhereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesDebentures.
Appears in 2 contracts
Sources: Junior Convertible Subordinated Indenture (Amcv Capital Trust I), Junior Convertible Subordinated Indenture (American Classic Voyages Co)
Successor Substituted. Upon any consolidation of by the Company with, or merger of by the Company into, any other Person or any conveyance, transfer transfer, sale, lease or lease other disposition of the properties and assets of the Company as an entirety or substantially as an entirety as described in accordance with Section 8018.1, the successor Person formed by resulting from such consolidation or into which the Company is merged or to which such conveyance, transfer transfer, sale, lease or lease other disposition is made shall made, will succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall (if still in existence) will be relieved of all released from its obligations and covenants under this Indenture and the Securities.
Appears in 2 contracts
Sources: Indenture (Advanced Energy Industries Inc), Indenture (Advanced Energy Industries Inc)