Common use of Successor Corporation to Be Substituted Clause in Contracts

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale or conveyance, and upon any such assumption by the successor corporation, such successor corporation shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the Company, and the Company shall thereupon be released from all obligations hereunder and under the Notes and the Company as the predecessor corporation may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of Litchfield Financial Corporation any or all of the Notes issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation instead of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Notes which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Notes which such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. In case of any such consolidation, merger, sale or conveyance such changes in phraseology and form (but not in substance) may be made in the Notes thereafter to be issued as may be appropriate.

Appears in 2 contracts

Samples: Indenture (Litchfield Financial Corp /Ma), Indenture (Litchfield Financial Corp /Ma)

AutoNDA by SimpleDocs

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale or conveyance, and upon any such assumption by the successor corporationCompany Sale, such successor corporation Successor Company shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the Company, and the Company shall thereupon be released from all obligations hereunder and under the Notes and the Company as the predecessor corporation may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor corporation Successor Company thereupon may cause to be signed, and may issue either in its own name or in the name of Litchfield Financial Corporation Raytheon Company or in the name of any corporation which previously shall have become the Company in accordance with the provisions of this Article any or all of the Notes Securities issuable hereunder hereunder, which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation Successor Company instead of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver deliver, any Notes Securities which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Notes Securities which such successor corporation Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. In case All of the Securities of a particular series so issued shall in all respects have the same legal rank and benefit under this Indenture as the Securities of such series theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Securities had been issued at the date or the execution hereof. Nothing contained in this Indenture or in any of the Securities shall prevent the Company from merging into itself any other Person or acquiring by purchase or otherwise all or any part of the property of any such consolidation, merger, sale or conveyance such changes in phraseology and form (but not in substance) may be made in the Notes thereafter to be issued as may be appropriateother Person.

Appears in 2 contracts

Samples: Indenture (Raytheon Co/), Indenture (Raytheon Co/)

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale or conveyance, and upon any such assumption by the successor corporation, such successor corporation shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the Company, and the Company shall thereupon be released from all obligations hereunder and under the Notes and the Company as the predecessor corporation may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of Litchfield Financial Corporation the Company any or all of the Notes issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation instead of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Notes which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Notes which such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. In case of any such consolidation, merger, sale or conveyance such changes in phraseology and form (but not in substance) may be made in the Notes thereafter to be issued as may be appropriate.

Appears in 2 contracts

Samples: First Merchants Acceptance Corp, First Merchants Acceptance Corp

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale sale, conveyance, or conveyancelease permitted under the provisions of subsection (a) of this section, and upon any such the assumption by the successor corporationcorporation or entity of the due and punctual payment of the principal of and interest on all of the Debentures and the due and punctual performance of all of the covenants and conditions of this Agreement to be performed by the Company with respect to the Debentures, such successor corporation or entity shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the Company, and the Company shall thereupon be released from all obligations hereunder and under the Notes and the Company as the predecessor corporation may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor corporation or entity thereupon may cause to be signed, and may issue either in its own name or in the name of Litchfield Financial Corporation United Magazine Company any or all of the Notes Debentures issuable hereunder which theretofore shall not have been signed and issued by the Company Company. All the Debentures so issued shall in all respects have the same legal rank and delivered to benefit under this Agreement as the Trustee; and, upon Debentures theretofore or thereafter issued in accordance with the order terms of this Agreement as though all of such successor corporation instead Debentures had been issued at the date of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Notes which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Notes which such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purposeexecution hereof. In case of any such consolidation, merger, sale sale, conveyance or conveyance lease, such changes in phraseology and form (but not in substance) may be made in the Notes Debentures thereafter to be issued as may be appropriate.

Appears in 1 contract

Samples: Security Agreement (United Magazine Co)

Successor Corporation to Be Substituted. (a) In case of any such consolidationCompany Sale, merger, sale or conveyance, and upon any such assumption by the successor corporation, such successor corporation Successor Company shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the Company, and the . The Successor Company shall thereupon be released from all obligations hereunder and under the Notes and the Company as the predecessor corporation may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of Litchfield Financial Corporation Potomac Electric Power Company or in the name of any corporation which previously shall have become the Company in accordance with the provisions of this Article Eight any or all of the Notes Securities issuable hereunder hereunder, which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation the Successor Company instead of the Company Company, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver deliver, any Notes Securities which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Notes Securities which such successor corporation the Successor Company thereafter shall cause to be signed and delivered to the Trustee for that purpose. In case All of any the Securities of a particular series so issued shall in all respects have the same legal rank and benefit under this Indenture as the Securities of such consolidation, merger, sale series theretofore or conveyance thereafter issued in accordance with the terms of this Indenture as though all of such changes in phraseology and form (but not in substance) may be made in Securities had been issued at the Notes thereafter to be issued as may be appropriatedate or the execution hereof.

Appears in 1 contract

Samples: Potomac Electric Power (Potomac Electric Power Co)

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale sale, conveyance or conveyance, lease and upon any such the assumption by the successor corporation, by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of the due and punctual payment of the principal of and premium, if any, and interest on all of the Notes and the due and punctual performance of all of the covenants and conditions of this Indenture to be performed by the Company, such successor corporation shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the Company, and party of the Company shall thereupon be released from all obligations hereunder and under the Notes and the Company as the predecessor corporation may thereupon or at any time thereafter be dissolved, wound up or liquidatedfirst part. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of Litchfield Financial Corporation any or all of the Notes issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation instead of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Notes which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Notes which such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. In case of any such consolidation, merger, sale or conveyance such changes in phraseology and form (but not in substance) may be made in All the Notes so issued shall in all respects have the same legal rank and benefit under this Indenture as the Notes theretofore or thereafter to be issued in accordance with the terms of this Indenture as may be appropriate.though all of such Notes had been issued at the date of the execution

Appears in 1 contract

Samples: Comcast Cable Communications Inc

AutoNDA by SimpleDocs

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale or conveyance, and upon any such assumption by the successor corporation, such successor corporation shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the Company, and the Company shall thereupon be released from all obligations hereunder and under the Notes and the Company as the predecessor corporation may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of Litchfield Financial Corporation any or all of the Notes issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation instead of the Company and subject to all the terms, conditions and limitations in this Indenture or any supplemental indenture prescribed, the Trustee shall authenticate and shall deliver any Notes which previously shall have been signed and delivered by the officer or officers of the Company to the Trustee for authentication, and any Notes which such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. In case of any such consolidation, merger, sale or conveyance such changes in phraseology and form (but not in substance) may be made in the Notes thereafter to be issued as may be appropriate.

Appears in 1 contract

Samples: Litchfield Financial Corp /Ma

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale or conveyance, and upon any such assumption by the successor corporation, such successor corporation shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the Company, and the Company shall thereupon be released from all obligations hereunder and under the Notes and the Company as the predecessor corporation may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of Litchfield Financial Corporation ShoLodge, Inc. any or all of the Notes issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation instead of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Notes which previously shall have been signed and delivered by the officer or officers of the Company to the Trustee for authentication, and any Notes which such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. In case of any such consolidation, merger, sale or conveyance such changes in phraseology and form (but not in substance) may be made in the Notes thereafter to be issued as may be appropriate.

Appears in 1 contract

Samples: Sholodge Inc

Successor Corporation to Be Substituted. In case of any such ---------------------------------------- consolidation, merger, sale sale, conveyance or conveyance, lease and upon any such the assumption by the successor corporation, by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of the due and punctual payment of the principal of and premium, if any, and interest on all of the Notes and the due and punctual performance of all of the covenants and conditions of this Indenture to be performed by the Company, such successor corporation shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the Company, and party of the Company shall thereupon be released from all obligations hereunder and under the Notes and the Company as the predecessor corporation may thereupon or at any time thereafter be dissolved, wound up or liquidatedfirst part. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of Litchfield Financial Corporation any or all of the Notes issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation instead of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Notes which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Notes which such successor corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. In case of any such consolidation, merger, sale or conveyance such changes in phraseology and form (but not in substance) may be made in All the Notes so issued shall in all respects have the same legal rank and benefit under this Indenture as the Notes theretofore or thereafter to be issued in accordance with the terms of this Indenture as may be appropriate.though all of such Notes had been issued at the date of the execution

Appears in 1 contract

Samples: Indenture (Continental Cablevision Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.