Common use of Successor Substituted Clause in Contracts

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 and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease transfer 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 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 been named as the Company herein and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securitiesherein.

Successor Substituted. Upon any consolidation of the Company with, or mergermerger of the Company into, any other Person or any sale, conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

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 5.1 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 and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securitiesherein.

Successor Substituted. Upon any consolidation or merger, merger or any sale, conveyance, transfer, lease or other disposition transfer 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 corporation formed by such a consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease or other disposition transfer is made shall succeed to, and shall be substituted for, for and may exercise every right and power of, of the Company under the Securities and this Indenture Indenture, with the same effect as if such successor Person corporation had been named as the Company herein and thereafter herein. In the predecessor Person, except in the case event of any transaction (other than a lease) described and listed in Section 5.01 in which the Company is not the continuing corporation, the successor Person formed or remaining shall succeed to, be substituted for and may exercise every right and power of the Company, and the Company shall be relieved of discharged from all obligations and covenants under the Securities and this Indenture and the SecuritiesIndenture.

Successor Substituted. Upon any consolidation of the Company with, or mergermerger of the Company into, any other Person or any sale, conveyance, assignment, transfer, lease or other disposition of all or substantially all of the property and Company’s assets of the Company in accordance with Section 5.01 of this Indenture6.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, assignment, 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or merger, merger by the Company with or into any other Person or any sale, conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company substantially as an entirety to any Person, in accordance with Section 5.01 of this Indenture6.1 hereof, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, 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.

Successor Substituted. (a) 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 and with the same effect as if such successor Person had been named as the Company herein and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or merger, merger of the Company with or into any other Person or any sale, conveyancelease, transfer, lease transfer or other disposition of all or substantially all of the property and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture8.1, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyancelease, transfer, lease transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, assume the obligations of the Company on the Securities and under this Indenture with the same effect as if such successor Person had been named as the Company herein herein, and thereafter the predecessor Personthereafter, 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.

Successor Substituted. (a) Upon any consolidation with or mergermerger of the Company into any other Person, or any sale, conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture9.1, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 Agreement with the same effect as if such successor Person had been named as the Company herein herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture Agreement, the Forward Purchase Contracts, the Notes, the Units, the Remarketing Agreement and the SecuritiesPledge Agreement.

Successor Substituted. Upon any consolidation of the Company with, or mergermerger of the Company into, any other Person in which the Company is not the survivor, or any sale, conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture8.1, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or merger, merger of the Company with or into any other Person or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property properties and assets of the Company on a consolidated basis in accordance with Section 5.01 of this Indenture8.1, 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, 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Company shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Corporation with, or any sale, conveyance, transfer, lease or other disposition of all or substantially all merger of the property Corporation into, any other Person or any conveyance or transfer of the properties and assets of the Company Corporation as an entirety or substantially as an entirety in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company Corporation is merged or to which such sale, conveyance, transfer, lease conveyance or other disposition transfer 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 herein Corporation herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE

Successor Substituted. Upon any amalgamation or consolidation or merger, merger or any sale, conveyanceassignment, transfer, lease or 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 Indenture801, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or to which such sale, conveyanceassignment, transfer, lease 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 been named as the Company herein and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securitiesherein.

Successor Substituted. Upon any consolidation of the Company with, or mergermerger of the Company into, any other Person or any sale, conveyance, assignment, transfer, lease or other disposition of all or substantially all of the property and Company’s assets of the Company in accordance with Section 5.01 of this Indenture7.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, assignment, 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, conveyance, transfer, other Person or any transfer or lease or other disposition of all or substantially all of the property and Company’s assets of the Company in accordance with Section 5.01 of this Indenture6.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or 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 Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or merger, or any sale, assignment, 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, assignment, 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 and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securities.

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 and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or merger, or any sale, assignment, 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 Indenturehereof, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, assignment, 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 and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securitiesherein.

Successor Substituted. (a) Upon any consolidation or mergerof the Company with, or merger of the Company into, any saleother Person or any transfer, conveyance, transfersale, lease or other disposition of all or substantially all of the property properties and assets of the Company as an entirety in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Successor 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any other Person or any conveyance, sale, conveyance, transfer, lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture6.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. (a) Upon any consolidation or mergerof the Company with, or merger of the Company into, any saleother Person or any transfer, conveyance, transfersale, lease or other disposition of all or substantially all of the property properties and assets of the Company as an entirety in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Successor 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 and the Security Documents with the same effect as if such successor Person had been named as the Company herein herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture Indenture, the Security Documents and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company on a consolidated basis in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesConvertible Debentures.

Successor Substituted. Upon any consolidation or mergerof the Company with, or any sale, conveyance, transfer, lease or other disposition of all or substantially all merger of the property Company into, any other Person or any conveyance or transfer of the properties and assets of the Company as an entirety or substantially as an entirety in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease conveyance or other disposition transfer 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 the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, assignment, transfer, lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture5.01, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, conveyance, assignment, 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 and thereafter the predecessor Personherein; 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.

Successor Substituted. Upon any consolidation or merger, merger by the Company with or into any other Person or any sale, conveyance, transfer, lease or other disposition transfer in one transaction or a series of all or substantially all related transactions of the property and consolidated assets of the Company and its Subsidiaries, substantially as an entirety, to any Person, in accordance with Section 5.01 of this Indenture6.01 hereof, 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 transfer 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 the predecessor Personthereafter, 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.

Successor Substituted. Upon any consolidation with or mergermerger with or into, or any sale, lease or conveyance, transfer, lease or other disposition of all or substantially all of the property and its assets of the Company to, any Person in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the such Company is merged or to which such sale, conveyance, transfer, transfer or lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the such Company under this Indenture with the same effect as if such successor Person had been named as the such Company herein herein, and thereafter the predecessor Personthereafter, except in the case of a leaselease to another Person, the predecessor person shall be relieved of all obligations and covenants under this Indenture Indenture, the Securities and the Securities.Coupons. ARTICLE NINE

Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease transfer 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 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 been named as the Company herein and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenturesubstantially as an entirety, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.”

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company on a consolidated basis in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.Debentures. ARTICLE NINE

Successor Substituted. Upon any consolidation consolidation, combination or merger, or any sale, assignment, conveyance, transfer, lease or other disposition of all or substantially all of the property and assets of the Company or Subsidiary Guarantor 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 Surviving Entity shall succeed to, and be substituted for, and may exercise every right and power of, the Company or Subsidiary Guarantor under this Indenture with the same effect as if such successor Person Surviving Entity had been named as the Company or Subsidiary Guarantor herein and thereafter the predecessor Person, except in the case of (x) a leaselease or (y) any sale, assignment, conveyance, transfer, lease or other disposition to one or more Subsidiaries of the Company, shall be relieved of discharged from all obligations and covenants under this Indenture and the Securities.

Successor Substituted. (a) Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company or of the Company and its Subsidiaries in accordance with Section 5.01 of this Indenture10.01(a), the successor Person Surviving Entity 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 Surviving Entity had been named as the Company herein herein, and thereafter thereafter, the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or merger, merger or any sale, conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the a Company as, or substantially as, an entirety to any Person in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the such Company is merged or to which such sale, conveyance, transfer, transfer or lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the such Company under this Indenture with the same effect as if such successor Person had been named as the such Company herein herein, and thereafter the predecessor Personthereafter, 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.. ARTICLE NINE

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, sale or lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company on a consolidated basis in accordance with Section 5.01 of this Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE Supplemental Indentures

Successor Substituted. Upon any consolidation by the Company with, merger with or merger, into or any sale, conveyance, transfer, lease or other disposition otherwise disposed of all or substantially all of the its and its Subsidiaries property and assets taken as a whole (in one transaction or a series of the Company related transactions) in accordance with Section 5.01 of this Indenture6.01, the successor Person corporation formed by such consolidation or into which the Company is merged or the Person to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

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 and thereafter the predecessor Personthereafter, except in the case of a lease, the Company shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, sale, lease or other disposition of all or substantially all of the property properties and assets of the Company and its Subsidiaries, taken as a whole, in accordance with Section 5.01 of this Indenture7.1, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, sale, 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.

Successor Substituted. (a) 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 and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securitiesherein.

Successor Substituted. (a) Upon any consolidation with or mergermerger of the Company into any other Person, or any sale, conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture9.1, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 Agreement with the same effect as if such successor Person had been named as the Company herein herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture Agreement, the Forward Purchase Contracts, the Notes, the DECS, the Remarketing Agreement and the SecuritiesPledge Agreement.

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 4.01 of this IndentureAgreement, 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 Agreement with the same effect as if such successor Person had been named as the Company herein and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securitiesherein.

Successor Substituted. Upon any consolidation or mergerof the Company with, or any sale, conveyance, transfer, lease or other disposition of all or substantially all merger of the property Company into, any other Person or any conveyance or transfer of the properties and assets of the Company as an entirety or substantially as an entirety in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance or, conveyance, transfer, lease or other disposition transfer 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 the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation of the Company with, or mergermerger of the Company into, any other Person or any sale, conveyancetransfer or lease, transfer, lease sale or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture7.1, 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, to and be substituted for, and may exercise every right and power of, of the Company under this Indenture with the same effect as if such successor or Person had been named as the Company herein herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company with or into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securitiesthereafter.

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 merger of the Company with or into any other corporation, trust or other entity in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesDebentures.

Successor Substituted. Upon any consolidation or consolidation, merger, or any sale, conveyanceassignment, transfer, lease conveyance or other disposition of all or substantially all of the property and assets of the Company (other than a lease) 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, conveyanceassignment, transfer, lease conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, merger, sale, assignment, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person and not to the Company), and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the SecuritiesIndenture.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, sale or lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture8.1, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation of the Company with, or mergermerger of the Company into, any other Person or any sale, conveyance, transfer, lease or other disposition disposal of all or substantially all of the property properties and assets of the Company to any other Person in accordance with Section 5.01 of this Indenture8.01, 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, sale or lease or other disposition of all or substantially all of the property properties 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, conveyance, transfer, sale or 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 Supplemental Indenture and the Indenture with the same effect as if such successor Person had been named as the Company herein herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Supplemental Indenture, the Indenture and the SecuritiesNotes.

Successor Substituted. Upon any consolidation or mergerof the Company with, or any sale, conveyance, transfer, lease merger or other disposition of all or substantially all conversion of the property Company into, any other Person or any conveyance or transfer of the properties and assets of the Company as an entirety or substantially as an entirety in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or converted or to which such sale, conveyance, transfer, lease conveyance or other disposition transfer 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 the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, sale or lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture7.01, the successor Person (if other than the Company) formed by such consolidation or into or with which the Company is merged or to which such sale, conveyance, transfer, sale or lease or other disposition is made shall succeed to, to and (except in the case of a lease) 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 the predecessor Personthereafter, except in the case of a lease, the Company shall be relieved of all obligations and covenants under this Indenture and the Securities, except with respect to any obligations that arise from, or are related to, such transaction.

Successor Substituted. Upon any consolidation by the Company with or merger, merger by the Company into any other Person or any sale, conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this IndentureCompany, the successor Person formed by such consolidation or into which the Company is merged or the Person to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, conveyance, transfer, other Person or any transfer or lease or other disposition of all or substantially all of the property and Company’s assets of the Company in accordance with Section 5.01 of this Indenture6.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, sale or lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE IX

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any saleother Person or any transfer, conveyance, transfersale, lease or other disposition of all or substantially all of the property properties and assets of the Company and its Subsidiaries on a consolidated basis, in each case in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Successor 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 Successor Company had been named as the Company herein herein, and thereafter the predecessor Personthereafter, 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

Successor Substituted. Upon any consolidation or mergerof the Company with, or any sale, conveyance, transfer, lease or other disposition of all or substantially all merger of the property Company into, any other Person or any conveyance or transfer (other than by way of lease) of the properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease conveyance or other disposition transfer 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 the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes outstanding hereunder.

Successor Substituted. Upon any consolidation or mergerof --------------------- the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company substantially as an entirety 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, transfer or 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 herein, and thereafter the predecessor Personthereafter, 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.

Successor Substituted. Upon any consolidation or merger, --------------------- or any sale, conveyance, transfer, lease transfer or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 5.1 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 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 been named as the Company herein and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company with or into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture801 in which the Company is not the continuing corporation, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or any sale, conveyance, transfer, lease or other disposition of all or substantially all merger of the property Company into, any other Person or any conveyance or transfer of the properties and assets of the Company as an entirety or substantially as an entirety in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company Company, is merged or to which such saleconveyance or, conveyance, transfer, lease or other disposition transfer 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 the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

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 and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securities.effect

Successor Substituted. Upon any consolidation of the Company with, or mergermerger of the Company into, any other Person or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property properties and assets of the Company as, or substantially as, an entirety in accordance with Section 5.01 of this Indenture801, 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 originally as the Company herein herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company with or into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture6.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 the Indenture with the same effect as if such successor Person had been named as the Company herein herein, and thereafter thereafter. When such Successor Company assumes the predecessor PersonCompany’s obligations in such circumstances, except in the case of a lease, the Company shall be relieved of discharged from all obligations and covenants under this Indenture the Notes and the SecuritiesIndenture.

Successor Substituted. Upon any consolidation or mergerof the Company with, or any sale, conveyance, transfer, lease or other disposition of all or substantially all merger of the property Company into, any other Person or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, lease conveyance or other disposition transfer 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 thereafter, the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE Supplemental Indentures

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 6.01 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 and thereafter the predecessor Person, except in the case of a lease, shall be relieved of all obligations and covenants under this Indenture and the Securitiesherein.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into any sale, other Person or any conveyance, transfer, transfer or lease or (other disposition than a mere grant of security interest) of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture7.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, conveyance, transfer, transfer or lease or (other disposition than a mere grant of security interest) 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 the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company on a consolidated basis in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. ARTICLE NINE Supplemental Indentures

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company on a consolidated basis in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter 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.

Successor Substituted. Upon any consolidation or merger, merger of the Company with or into any other Person or any sale, conveyance, transfer, lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture8.1, 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, 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Company shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company substantially as an entirety to any Person in one transaction or a series of related transactions in accordance with Section 5.01 of this Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, 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.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company on a consolidated basis in accordance with Section 5.01 of this Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesDebentures.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any other Person or any conveyance, sale, conveyance, transfer, lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture0, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation of the Company with, or mergermerger of the Company into, any other Person or any sale, conveyance, transferlease, lease transfer or other disposition of all or substantially all of the property properties and assets of the Company as, or substantially as, an entirety in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transferlease, 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 been named originally as the Company herein herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. (a) Upon any consolidation or mergerof the Company with, or merger or amalgamation of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture5.1 hereof, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.

Successor Substituted. Upon any consolidation or merger, merger by the Company with or into any other Person or any sale, conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company to any other Person in accordance with Section 5.01 of this Indenture8.1, the successor Person formed by such consolidation or into which the Company is merged merger or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, 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 SecuritiesSecurities (to the extent the Company was the predecessor Person).

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company on a consolidated basis in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into any sale, other Person or any conveyance, transfer, sale or lease or other disposition of all or substantially all of the property properties and assets of the Company substantially as an entirety to any Person in accordance with Section 5.01 of this Indenture7.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, conveyance, transfer, sale or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer, lease transfer or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 5.1 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 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 been named as the Company herein and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes.

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 and thereafter the predecessor Personand, 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.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company on a consolidated basis in accordance with Section 5.01 of this Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Debt Securities.

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer, transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company on a consolidated basis in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Person, except in the case of a lease, Person shall be relieved of all obligations and covenants under this Indenture and the Securities.. 63 ARTICLE NINE Supplemental Indentures

Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, conveyance, transfer, other Person or any transfer or lease or other disposition of all or substantially all of the property properties and assets of the Company substantially as an entity in accordance with Section 5.01 of this Indenture7.1, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer, transfer or 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 herein, and thereafter the predecessor Personthereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture Indenture, the Securities and the Securitiescoupons, if any.