Common use of Surviving Entity Substituted Clause in Contracts

Surviving Entity Substituted. Upon any such consolidation, merger, sale, transfer, lease or other conveyance or disposal in which IRSA PC is not the continuing entity, such Surviving Entity formed by such consolidation or into which IRSA PC is merged or to which such conveyance, lease or transfer is made, shall succeed to and be substituted for, and may exercise every right and power of IRSA PC under this Indenture and the Securities with the same effect as if such Surviving Entity had been named as such. In case of any such consolidation, merger, sale, transfer, lease or conveyance, such changes in phraseology and form (but not in substance) may be made in this Indenture and/or the Securities thereafter to be issued as may be appropriate. In the event of any such sale or conveyance (other than a conveyance by way of lease) and assumption by the Surviving Entity, IRSA PC shall be discharged from all obligations and covenants under this Indenture and the Securities to be performed by IRSA PC and may be liquidated and dissolved. No Surviving Entity shall have the right to redeem any Securities Outstanding unless IRSA PC would have been entitled to redeem such Securities pursuant to this Indenture in the absence of any such merger, consolidation, sale, transfer, lease or conveyance permitted under Section 8.1. By purchasing Securities, Holders expressly waive their right to objection contemplated in Section 83, 88 and related provisions of Argentine Law No. 19,550 and Section 4 of Argentine Law No. 11,867, in the event that the merger or consolidation or the sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all the properties and assets of IRSA PC (determined on a consolidated basis) is made under the terms and conditions permitted by this Article VIII.

Appears in 2 contracts

Samples: Indenture (Irsa Propiedades Comerciales S.A.), Indenture (Irsa Propiedades Comerciales S.A.)

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Surviving Entity Substituted. Upon any such consolidation, merger, sale, transfer, lease or other conveyance or disposal in which IRSA PC is not the continuing entity, such Surviving Entity formed by such consolidation or into which IRSA PC is merged or to which such conveyance, lease or transfer is made, shall succeed to and be substituted for, and may exercise every right and power of IRSA PC under this Indenture and the Securities with the same effect as if such Surviving Entity had been named as such. In case of any such consolidation, merger, sale, transfer, lease or conveyance, such changes in phraseology and form (but not in substance) may be made in this Indenture and/or the Securities thereafter to be issued as may be appropriate. In the event of any such sale or conveyance (other than a conveyance by way of lease) and assumption by the Surviving Entity, IRSA PC shall be discharged from all obligations and covenants under this Indenture and the Securities to be performed by IRSA PC and may be liquidated and dissolved. No Surviving Entity shall have the right to redeem any Securities Outstanding unless IRSA PC would have been entitled to redeem such Securities pursuant to this Indenture in the absence of any such merger, consolidation, sale, transfer, lease or conveyance permitted under Section ‎Section 8.1. By purchasing Securities, Holders expressly waive their right to objection contemplated in Section 83, 88 and related provisions of Argentine Law No. 19,550 and Section 4 of Argentine Law No. 11,867, in the event that the merger or consolidation or the sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all the properties and assets of IRSA PC (determined on a consolidated basis) is made under the terms and conditions permitted by this Article VIII.

Appears in 2 contracts

Samples: Indenture (Irsa Investments & Representations Inc), Indenture (Irsa Propiedades Comerciales S.A.)

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Surviving Entity Substituted. Upon In case of any such consolidation, merger, sale, transfer, lease or other conveyance or disposal in which IRSA PC is not the continuing entityconveyance, such Surviving Entity formed by such consolidation or into which IRSA PC is merged or to which such conveyance, lease or transfer is made, shall succeed to and be substituted for, and may exercise every right and power of IRSA PC of, APSA under this the Indenture and the Securities with the same effect as if such Surviving Entity had been named as such. Such Surviving Entity may cause to be signed, and may issue either in its own name or in the name of APSA, prior to such succession any or all of the Securities issuable hereunder that theretofore shall not have been signed by APSA and delivered to the Trustee; and, upon the order of such Surviving Entity instead of APSA and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Securities that previously shall have been signed and delivered by the Authorized Person of APSA to the Trustee for authentication, and any Securities that such Surviving Entity thereafter shall cause to be signed and delivered to the Trustee for that purpose. All of the Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of suc h Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, transfer, lease or conveyance, such changes in phraseology and form (but not in substance) may be made in this Indenture and/or the Securities thereafter to be issued as may be appropriate. In the event of any such sale or conveyance (other than a conveyance by way of lease) and assumption by the Surviving Entity, IRSA PC APSA shall be discharged from all obligations and covenants under this Indenture and the Securities to be performed by IRSA PC APSA and may be liquidated and dissolved. No Surviving Entity shall have the right to redeem any Securities Outstanding unless IRSA PC APSA would have been entitled to redeem such Securities pursuant to this Indenture in the absence of any such merger, consolidation, sale, transfer, lease or conveyance permitted under Section 8.1. By purchasing Securities, Holders expressly waive their right to objection contemplated in Section 83, 88 and related provisions of Argentine Law No. 19,550 and Section 4 of Argentine Law No. 11,867, in the event that the merger or consolidation or the sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all the properties and assets of IRSA PC (determined on a consolidated basis) is made under the terms and conditions permitted by this Article VIII.

Appears in 1 contract

Samples: Alto Palermo Sa Apsa

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