Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes in the case of a lease of all or substantially all of its property and assets.
Appears in 20 contracts
Sources: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture5.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture Indenture, with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation obligations or covenants under this Indenture, including with respect to pay the payment of the principal of, premium, if any, or interest on the Notes in the case of of: (i) a lease sale, transfer, assignment, conveyance or other disposition (unless such sale, transfer, assignment, conveyance or other disposition is of all the assets of the Company) or substantially all of its property and assets(ii) a lease.
Appears in 5 contracts
Sources: Indenture (Earthlink Inc), Indenture (PAETEC Holding Corp.), Indenture (PAETEC Holding Corp.)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided PROVIDED that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes in the case of a lease of all or substantially all of its property and assets.
Appears in 5 contracts
Sources: Indenture (Dobson Communications Corp), Indenture (Dobson Communications Corp), Indenture (Carrier1 International S A)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture5.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes in the case of a lease of all or substantially all of its property and assets.
Appears in 4 contracts
Sources: Indenture (Ccir of California Corp), Indenture (Knology Holdings Inc /Ga), Indenture (Knology Inc)
Successor Substituted. Upon any consolidation or merger, or --------------------- any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes in the case of a lease of all or substantially all of its property and assets.
Appears in 4 contracts
Sources: Indenture (Itc Deltacom Inc), Indenture (Urs Corp /New/), Indenture (Itc Deltacom Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, Redemption Price or interest on the Notes in the case of a lease of all or substantially all of its property and assets.
Appears in 4 contracts
Sources: Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section SECTION 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided PROVIDED that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes in the case of a lease of all or substantially all of its property and assets.
Appears in 3 contracts
Sources: Indenture (Stone Container Corp), Indenture (Stone Container Corp), Indenture (Jsce Inc)
Successor Substituted. Upon any such consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture5.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided provided, that the Company shall not be released from its obligation to pay the principal of, premium, if any, of or interest on the Notes Securities of each series in the case of a lease of all or substantially all of its property and assets.
Appears in 3 contracts
Sources: Indenture (Dean Illinois Dairies, LLC), Indenture (Model Dairy, LLC), Indenture (Dean Foods Co/)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal ofand, premium, if any, or interest on the Notes except in the case of a lease of lease, the Company shall be relieved from all or substantially all of its property obligations and assetscovenants under this Indenture and the Notes.
Appears in 3 contracts
Sources: Indenture (Econophone Inc), Indenture (Econophone Inc), Indenture (Econophone Inc)
Successor Substituted. Upon any consolidation or merger, --------------------- or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes in the case of a lease of all or substantially all of its property and assets.
Appears in 2 contracts
Sources: Indenture (TVN Entertainment Corp), Indenture (Diva Systems Corp)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes Securities of each series then outstanding in the case of a lease of all or substantially all of its property and assets.
Appears in 2 contracts
Sources: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes in the case of a lease of all or substantially all of its property and assets.. ARTICLE SIX
Appears in 1 contract
Sources: Indenture (Jsce Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided PROVIDED that the Company shall not be released from its obligation to pay the principal of, premium, if any, of or interest on the Notes in the case of a lease of all or substantially all of its property and assets.. ARTICLE SIX
Appears in 1 contract
Sources: Indenture (Aon Corp)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyancelease, transfer, lease conveyance or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture5.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, conveyancelease, transfer, lease conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had has been named as the Company herein; provided provided, however that in the case of a sale, lease, conveyance or other disposition the Company shall not be released from its the obligation to pay the principal of, premium, if any, or Principal of and interest on the Notes in the case of a lease of all or substantially all of its property and assetsDebentures.
Appears in 1 contract
Sources: Indenture (Lomak Petroleum Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indentureand/or Section 10.05, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture Indenture, with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation obligations or covenants under this Indenture, including with respect to pay the payment of the principal of, premium, if any, or interest on the Notes in the case of of: (i) a lease sale, transfer, assignment, conveyance or other disposition (unless such sale, transfer, assignment, conveyance or other disposition is of all the assets of the Company) or substantially all of its property and assets(ii) a lease.
Appears in 1 contract
Sources: Indenture (Earthlink Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyancelease, transfer, lease conveyance or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture5.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance, transfer, lease transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had has been named as the Company herein; provided PROVIDED, HOWEVER, that in the case of a sale, lease, conveyance or other disposition the Company shall not be released from its the obligation to pay the principal of, premium, if any, or Principal of and interest on the Notes in the case of a lease of all or substantially all of its property and assetsNotes.
Appears in 1 contract
Sources: Indenture (Heico Corp)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes then outstanding, in the case of a lease of all or substantially all of its property and assets.
Appears in 1 contract
Sources: Indenture (WEX Inc.)
Successor Substituted. Upon any consolidation or merger, or ------------------------- any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes in the case of a lease of all or substantially all of its property and assets.
Appears in 1 contract
Sources: Indenture (CFW Communications Co)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyancelease, transfer, lease conveyance or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture5.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, conveyancelease, transfer, lease conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had has been named as the Company herein; provided provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition shall not be released from its the obligation to pay the principal of, premium, if any, or of and interest on the Notes in the case of a lease of all or substantially all of its property and assetsNotes.
Appears in 1 contract
Sources: Indenture (Lomak Petroleum Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes of each series then outstanding in the case of a lease of all or substantially all of its property and assets.
Appears in 1 contract
Successor Substituted. Upon any consolidation or merger, --------------------- or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, of or interest on the Notes in the case of a lease of all or substantially all of its property and assets.
Appears in 1 contract
Sources: Indenture (Aon Corp)
Successor Substituted. Upon any consolidation or merger, or ---------------------- any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein; provided that the Company shall not be released from its obligation to pay the principal of, premium, if any, or interest on the Notes in the case of a lease of all or substantially all of its property and assets.
Appears in 1 contract
Sources: Indenture (Silgan Holdings Inc)