Common use of Successor Corporation Substituted Clause in Contracts

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVE

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Debt Securities Outstanding hereunder. ARTICLE TWELVE.

Successor Corporation Substituted. Upon any consolidation or merger by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety to any Person, in accordance with Section 11016.1 hereof, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person corporation had been named as the Company herein, and thereafter, except in the case of a leaselease to another Person, the predecessor Person corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVESecurities.

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVETWELVE Supplemental Indentures

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101801, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person corporation had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunderSecurities. ARTICLE TWELVENINE

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 11011201, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Notes Outstanding hereunder. ARTICLE TWELVE.

Successor Corporation Substituted. Upon any consolidation by of the Company with with, or merger by of the Company into into, any other corporation Person or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 11017.1, the successor corporation Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVESecurities.

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation person or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101801, the successor corporation person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunderSecurities. ARTICLE TWELVENINE

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation Person or any conveyance, or other transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety Company, in accordance with Section 1101801, the successor corporation Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made made, shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunderSecurities. ARTICLE TWELVENINE

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101801, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person corporation had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunderJunior Subordinated Notes. ARTICLE TWELVENINE

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation Corporation or any conveyance, or other transfer or lease of the properties and assets of the Company as, or substantially as as, an entirety to any Person in accordance with Section 11018.01, the successor corporation Corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had Corporation has been named as the Company herein, and thereafter, except in the case of a leaselease to another Person, the predecessor Person Corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVESecurities.

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation Person or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101801, the successor corporation Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunderSecurities. ARTICLE TWELVENINE SUPPLEMENTAL INDENTURE SECTION 901. Supplemental Indentures Without Consent of Holders.

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation Person or any conveyance, or other transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 110110.01, the successor corporation Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunderSecurities. ARTICLE TWELVEELEVEN

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101801, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person corporation had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunderSecurities. ARTICLE TWELVENINE

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation Corporation or any conveyance, or other transfer or lease of the properties and assets of the Company as, or substantially as as, an entirety to any Person in accordance with Section 11018.01, the successor corporation Corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had Corporation has been named as the Company herein, and thereafter, except in the case of a leaselease to another Person, the predecessor Person Corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVENotes.

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation Person or any conveyance, or other transfer or lease of the Company's properties and assets of the Company substantially as an entirety in accordance with Section 1101801, the successor corporation formed by such consolidation or into which the Company it is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVESecurities.

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation Person or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101801, the successor corporation Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture Indenture, the Securities and the Securities Outstanding hereunderCoupons. ARTICLE TWELVENINE

Successor Corporation Substituted. Upon any consolidation or merger by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety to any Person in accordance with Section 11018.01, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a leaselease to another Person, the predecessor Person Company shall be relieved of discharged from all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVESecurities.

Successor Corporation Substituted. Upon any consolidation by the Company with consolidation, combination or merger by the Company into any other corporation or any conveyance, transfer of all or other transfer or lease substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 1101the foregoing, in which the Company is not the continuing entity, the successor corporation Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, lease or transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture and the Notes and the Registration Rights Agreement, with the same effect as if such successor Person surviving entity had been named as the Company hereinsuch, and thereafter, thereafter (except in the case of a lease, ) the predecessor Person shall corporation will be relieved of all further obligations and covenants under this Indenture hereunder and the Securities Outstanding hereunderthereunder. ARTICLE TWELVESIX

Successor Corporation Substituted. Upon any consolidation by of the Company with with, or merger by of the Company into into, any other corporation Person or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 11017.1, the successor corporation person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVENotes.

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101801, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person corporation had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunderJunior Subordinated Notes. 44 52 ARTICLE TWELVENINE

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation Person or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101801, the successor corporation Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunderSecurities. The Trustee shall enter into a supplemental indenture to evidence the succession and substitution of such successor Person and such discharge and release of the Company. ARTICLE TWELVENINE

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation Person or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101, the successor corporation Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVETWELVE Supplemental Indentures

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVE.

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, conveyance or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a 70 lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Debt Securities Outstanding hereunder. hereunder ARTICLE TWELVEXII

Successor Corporation Substituted. Upon any consolidation by of the Company with with, or merger by of the Company into into, any other corporation Person or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 11017.1, the successor corporation person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVESecurities.

Successor Corporation Substituted. Upon any consolidation or merger by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety to any Person in accordance with Section 11018.01, the successor corporation formed by such consolidation or into which the Company is in merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person corporation had been named as the Company herein, and thereafter, except in the case of a leaselease to another Person, the predecessor Person corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVESecurities.

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation Person or any conveyance, or other transfer or lease of the properties and assets of the Company as or substantially as an entirety in accordance with Section 1101, the successor corporation Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVE

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101701, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person corporation had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunderSecurities. ARTICLE TWELVEEIGHT

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any sale, conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 1101801, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such sale, conveyance, transfer or lease is made made, shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person corporation had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVESenior Notes.

Successor Corporation Substituted. Upon any consolidation or merger by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety to any Person, in accordance with Section 11016.1, the successor corporation Person formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under the Securities, this Indenture and the Registration Rights Agreement with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a leaselease to another Person, the predecessor Person shall be relieved of all obligations and covenants under this Indenture Indenture, the Securities and the Securities Outstanding hereunder. ARTICLE TWELVERegistration Rights Agreement.

Successor Corporation Substituted. Upon any consolidation or merger by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety to any Person in accordance with Section 11017.01, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person corporation had been named as the Company herein, and thereafter, except in the case of a leaselease to another Person, the predecessor Person corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunderNotes. ARTICLE TWELVEEIGHT

Successor Corporation Substituted. Upon any consolidation by the Company with or merger by the Company into any other corporation or any conveyance, or other transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 11018.01, the successor corporation formed by such consolidation or into which the Company is merged or the Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person corporation had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person corporation shall be relieved of all obligations and covenants under this Indenture and the Securities Outstanding hereunder. ARTICLE TWELVESecurities.