Common use of Successor Substituted Clause in Contracts

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any sale, lease or conveyance of all or substantially all of the assets of the Company in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 18 contracts

Samples: Supplemental Indenture (Kroger Co), Fourteenth Supplemental Indenture (Kroger Co), Supplemental Indenture (Kroger Co)

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Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company on a consolidated basis in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 11 contracts

Samples: Purchase Agreement (Budget Group Inc), Purchase Agreement (Carriage Services Inc), Indenture (Chemed Capital Trust)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and or the Securities."

Appears in 5 contracts

Samples: Indenture (Bowater Inc), Senior Indenture (Bowater Inc), Bowater Inc

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8017.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 5 contracts

Samples: Indenture (Ask Jeeves Inc), Iac/Interactivecorp, Century Aluminum Co

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company on a consolidated basis in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.". ARTICLE NINE Supplemental Indentures

Appears in 3 contracts

Samples: Indenture (Calenergy Capital Trust Iii), Execution Copy (Fleetwood Enterprises Inc/De/), Calenergy Co Inc

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8017.5, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes."

Appears in 3 contracts

Samples: Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person Company shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 3 contracts

Samples: Indenture (Cii Financial Inc), Sierra Health Services Inc, Cii Financial Inc

Successor Substituted. Upon any consolidation of the Company with, or merger of by the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person (if still in existence) shall be relieved of all obligations and covenants under this Indenture and the Securities.". ARTICLE NINE

Appears in 3 contracts

Samples: Allegheny Ludlum Corp Et Al, Equitable Resources Inc /Pa/, Allegheny Ludlum Corp Et Al

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8015.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 3 contracts

Samples: Delta Air Lines Inc /De/, Delta Air Lines Inc /De/, Brightpoint Inc

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of 39 the Company on a consolidated basis in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.". ARTICLE NINE SUPPLEMENTAL INDENTURES

Appears in 2 contracts

Samples: Fleetwood Capital Trust Iii, Fleetwood Enterprises Inc/De/

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section SECTION 801, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 2 contracts

Samples: Prime Group Realty Trust, Prime Group Realty Trust

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801SECTION 8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesSecurities and coupons and may liquidate and dissolve."

Appears in 2 contracts

Samples: Illinois Power Co, Illinois Power Co

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company in accordance with Section 8016.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.". ARTICLE SEVEN

Appears in 2 contracts

Samples: Indenture Agreement (Protein Design Labs Inc/De), Asm International N V

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801SECTION 8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or 48 lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesSecurities and coupons and may liquidate and dissolve."

Appears in 2 contracts

Samples: Illinois Power Co, Illinois Power Co

Successor Substituted. (a) Upon any consolidation of the Company with, or merger of the Company into, any other Person or any transfer, conveyance, sale, lease or conveyance of all or substantially all other disposition of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company hereinherein and therein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 2 contracts

Samples: Indenture (Staples Inc), Indenture (Staples Inc)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, into any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company in accordance with Section 8016.01, the successor Person formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 2 contracts

Samples: Indenture (Citadel Broadcasting Corp), Citadel Broadcasting Corp

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture Indenture, any applicable supplemental indentures and the Securities."

Appears in 2 contracts

Samples: Ddi Corp, Ddi Corp

Successor Substituted. Upon any consolidation of the --------------------- Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8015.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: Indenture (Times Mirror Co /New/)

Successor Substituted. Upon any consolidation of the Company withor merger, or merger of the Company into, any other Person or any sale, conveyance, transfer, lease or conveyance other disposition of all or substantially all of the property and assets of the Company in accordance with Section 8018.01 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 conveyance 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, herein and thereafter, except in the case of a lease, the predecessor Person company shall be relieved relied of all obligations and covenants under this Indenture indenture and the Securities.". ARTICLE NINE

Appears in 1 contract

Samples: Amerada Hess Corp

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer, lease or conveyance disposal of all or substantially all of the properties and assets of the Company in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved released from the obligation to pay the principal of all obligations and covenants under this Indenture and interest on the Securities."

Appears in 1 contract

Samples: Omi Corp/M I

Successor Substituted. Upon any consolidation of the Company withor merger, or merger of the Company into, any other Person or any sale, conveyance, transfer, lease or conveyance other disposition of all or substantially all of the property and assets of the Company in accordance with Section 8018.01 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 conveyance 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, herein and thereafter, except in the case of a lease, the predecessor Person company shall be relieved relied of all obligations and covenants under this Indenture indenture and the Securities.". ARTICLE NINE SUPPLEMENTAL INDENTURES

Appears in 1 contract

Samples: Indenture (Amerada Hess Corp)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company in accordance with Section 801substantially as an entirety, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.". ARTICLE NINE

Appears in 1 contract

Samples: Indenture (American Financial Capital Trust I)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this 55 63 Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: Willbros Group Inc

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, into any other Person or any conveyance, sale, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company in accordance with Section 8017.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such conveyance, sale, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: Indenture (Amdocs LTD)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all released from its obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: Activision Inc /Ny

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, into any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company in accordance with Section 8017.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes."

Appears in 1 contract

Samples: Indenture (American Greetings Corp)

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Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801SECTION 8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes outstanding hereunder."

Appears in 1 contract

Samples: Indenture (PNM Resources Inc)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801901, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: Zions Financial Corp

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8017.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesDebentures."

Appears in 1 contract

Samples: Indenture (Berkshire Hathaway Energy Co)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and 51 may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: Cypress Semiconductor Corp /De/

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, with or into any other Person or any saleconveyance, transfer, lease or conveyance other disposal of all or substantially all of the properties and assets of the Company in accordance with Section 8017.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: Priceline Com Inc

Successor Substituted. (a) Upon any consolidation of by the Company with, with or merger of by the Company into, into any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation consolidation, or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made made, shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: Electric Lightwave Inc

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801SECTION 9.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a leaseany conveyance, transfer or lease of less than all of the properties or assets of the Company, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.". -41- 49

Appears in 1 contract

Samples: Indenture (Cleveland Electric Illuminating Co)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any sale, lease sale or conveyance of all or substantially all of the assets of the Company in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such salesale or conveyance, lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesNotes."

Appears in 1 contract

Samples: Bank United Corp

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer, lease or conveyance of all or substantially all other disposition of the properties and assets of the Company substantially as an entirety in accordance with Section 8017.1, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer, lease or conveyance other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesSecurities except with respect to any obligations that arise from, or are related to, such transaction."

Appears in 1 contract

Samples: Indenture (Flextronics International LTD)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.1, the successor Person person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesDebentures."

Appears in 1 contract

Samples: Indenture (Gentiva Health Services Inc)

Successor Substituted. (a) Upon any consolidation of the Company with, or merger of the Company into, any other Person or any transfer, conveyance, sale, lease or conveyance of all or substantially all other disposition of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: Indenture (Staples Inc)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8016.1, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: Fair Isaac Corp

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, with or into any other Person Person, or any saleconveyance, transfer, sale or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801, the successor Person formed by such consolidation or merger or into or with which the Company is merged or to which such saleconveyance, transfer, sale or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.". ARTICLE NINE

Appears in 1 contract

Samples: Southern Mineral Corp

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8018.01, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with -55- the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: St Paul Companies Inc /Mn/

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, into any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801SECTION 7.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."

Appears in 1 contract

Samples: Indenture (Millennium Pharmaceuticals Inc)

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company in accordance with Section 8018.01 above, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance 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, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this the Indenture and the Offered Securities."

Appears in 1 contract

Samples: Marsh & McLennan Companies Inc

Successor Substituted. Upon any consolidation of the Company with, or merger of the Company into, any other Person or any saleconveyance, transfer or lease or conveyance of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 801701, the successor Person formed by such consolidation or into which the Company is merged or to which such saleconveyance, transfer or lease or conveyance is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the SecuritiesDebentures."

Appears in 1 contract

Samples: NVP Capital Iii

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