Assumption and Substitution. Provide that the Option shall be assumed, or substantially equivalent rights shall be provided in substitution therefor, by the acquiring or succeeding entity (or an affiliate thereof).
Assumption and Substitution. By reason of the Merger and this Third Supplemental Indenture and effective as of the consummation of the Merger, CIT did and does agree to succeed to and be substituted for CIT Nevada, as the Corporation, with the same effect as if it had been named as the Corporation in the Indenture and to become liable and bound for, and to expressly assume, the due and punctual payment of the principal of (and premium, if any) and interest, if any, on all the Debt Securities outstanding as of the date hereof and the performance and observance of each and every covenant and condition of the Indenture on the part of CIT Nevada, as the Corporation, to be performed or observed. ARTICLE THREE
Assumption and Substitution. (a) Pursuant to the Merger and this Assumption Agreement, CIT Holdings has expressly assumed, as its direct and primary obligation, the due and punctual performance and observance of all of the covenants and conditions to be performed or observed by CIT Delaware under the Credit Agreement, and has succeeded to, and has been substituted for, CIT Delaware, with the same effect as if CIT Holdings had been named in the Credit Agreement.
Assumption and Substitution. Section 1.01. As of the Effective Time, Merger Company hereby expressly agrees to assume the due and punctual payment of all amounts owed on the Securities and the performance of every covenant of the Indenture to be performed or observed by SSBH.
Assumption and Substitution. (a) By reason of the Merger and this First Supplemental Indenture and effective as of the consummation of the Merger, CIT Holdings did expressly assume, as its direct and primary obligation, the due and punctual payment of the principal of and interest, if any, on all the Debt Securities according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions under the Indenture to be performed or observed by CIT Delaware, and did succeed to, and was substituted for, CIT Delaware, with the same effect as if CIT Holdings had been named in the Indenture.
Assumption and Substitution. In case of any such consolidation, merger, sale or conveyance, and following such an 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. Such successor corporation may cause to be signed, and may issue either in its own name or in the name of Lucent Technologies Inc., any or all of the Securities issuable pursuant to the provisions of Section 2.01 which theretofore shall not have 66 -59- 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 Securities which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication pursuant to such provisions and any Securities which such successor corporation thereafter shall cause to be signed and delivered to the Trustee on its behalf for that purpose pursuant to such provisions. All 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 such Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale or conveyance, such changes in phraseology and form may be made in the Securities thereafter to be issued as may be appropriate. Nothing contained in this Indenture or in any of the Securities shall prevent the Company from merging into itself any other corporation or entity (whether or not affiliated with the Company) or acquiring by purchase or otherwise all or any part of the property of any other corporation or entity (whether or not affiliated with the Company).
Assumption and Substitution. UBS Americas hereby assumes, as of the Effective Time, the due and punctual payment of the principal of (and premium, if any) and interest on all the Securities and the performance of every covenant of the Indenture on the part of the Company to be performed or observed. UBS Americas hereby succeeds to, and is substituted for, the Company in the Indenture, as of the Effective Time.
Assumption and Substitution. Pursuant to, and in compliance and in accordance with, Section 5.01(c) of the Indenture, the Successor Guarantor hereby expressly assumes, effective upon the consummation of the Mergers, all of the obligations of the Original Guarantor under the Indenture and the Notes. Any and all references in the Indenture to “Original Guarantor” shall be deemed to refer to the Successor Guarantor.
Assumption and Substitution. Pursuant to the Merger and this Assumption Agreement, CIT did and does expressly assume the obligations of CIT Nevada, as the Company, under the Credit Agreement and agree to be bound by all other provisions applicable to CIT Nevada, as the Company, under the Credit Agreement, and has succeeded to and has been substituted for CIT Nevada, as the Company, with the same effect as if CIT had been named as the Company in the Credit Agreement.
Assumption and Substitution. Pursuant to the Merger and this Assumption Agreement, CIT did and does expressly assume the obligations of CIT Nevada, as the Guarantor, under the Guaranty and agree to be bound by all other provisions applicable to CIT Nevada, as the Guarantor, under the Guaranty, and has succeeded to and has been substituted for CIT Nevada, as the Guarantor, with the same effect as if CIT had been named as the Guarantor in the Guaranty.
