Common use of Assumption of the Securities Clause in Contracts

Assumption of the Securities. (a) The Corporation hereby represents and warrants that (i) it is a corporation organized and existing under the laws of the State of Delaware and is the surviving corporation in the Merger; and (ii) the execution, delivery and performance of this First Supplemental Indenture has been duly authorized by the Board of Directors of the Corporation. (b) The Corporation hereby expressly assumes 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 Issuer to be performed or observed.

Assumption of the Securities. (a) The Corporation hereby represents and warrants that (i) it is a corporation organized and existing under the laws of the State of Delaware and is the surviving corporation in the Merger; and (ii) the execution, delivery and performance of this First Supplemental Indenture has been duly authorized by the Board of Directors of the Corporation. (b) The Corporation hereby expressly assumes 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 obligation of the Issuer under the Securities and the Indenture on the part of Issuer to be performed or observed.