Common use of Rights and Duties of Successor Corporation Clause in Contracts

Rights and Duties of Successor Corporation. In case of any such consolidation, merger, sale, lease 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, and the predecessor corporation, except in the event of a lease, shall be relieved of any further obligation under this Agreement and the Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, any or all of the Warrant Debt Securities issuable pursuant to the terms hereof. All the Warrant Debt Securities so issued shall in all respects have the same legal rank and benefit under the Indenture as the Warrant Debt Securities theretofore or thereafter issued in accordance with the terms of this Agreement and the Indenture. In case of any such consolidation, merger, sale, lease or conveyance, such changes in phraseology and form (but not in substance) may be made in the Warrant Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. In case of any such consolidation, merger, sale, lease conveyance or conveyance transfer and upon any such assumption of the duties and obligations of the Company 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, and the predecessor corporation, except in the event of a lease, Company shall be relieved of any further obligation under this Agreement and the Debt Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, any or all of the Warrant Underlying Debt Securities issuable pursuant to the terms hereof. All the Warrant Underlying Debt Securities so issued shall in all respects have the same legal rank and benefit under the Indenture as the Warrant Underlying Debt Securities theretofore or thereafter issued in accordance with the terms of this Agreement and the Indenture. In case of any such consolidation, merger, sale, lease conveyance or conveyancetransfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Underlying Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. In case of any such consolidation, merger, merger or sale, lease or conveyance of all or substantially all of the assets of the Company 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, and the predecessor corporation, except in the event of a lease, shall be relieved of any further obligation under this Agreement and the Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, any or all of the Warrant Debt Securities issuable pursuant to the terms hereof. All the Warrant Debt Securities so issued shall in all respects have the same legal rank and benefit under the Indenture as the Warrant Debt Securities theretofore or thereafter issued in accordance with the terms of this Agreement and the Indenture. In case of any such consolidation, merger, sale, lease or conveyance, such changes in phraseology and form (but not in substance) may be made in the Warrant Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. In case of any such consolidation, merger, sale, lease sale or conveyance and upon any such assumption by the successor corporationcorporation of the obligations of the Company under the Indenture, such successor corporation shall succeed to and be substituted for the Company, with the same effect as if it had been named herein, and the predecessor corporation, except in the event of a lease, shall be relieved of any further obligation under this Agreement and the Debt Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, any or all of the Debt Warrant Debt Securities Notes issuable pursuant to the terms hereof. All the Debt Warrant Debt Securities Notes so issued shall in all respects have the same legal rank and benefit under the Indenture as the Debt Warrant Debt Securities Notes theretofore or thereafter issued in accordance with the terms of this Agreement and the Indenture. In case of any such consolidation, merger, sale, lease sale or conveyance, such changes in phraseology and form (but not in substance) may be made in the Debt Warrant Debt Securities Notes thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. In case of any such consolidation, merger, sale, lease conveyance or conveyance transfer and upon any such assumption of the duties and obligations of the Company 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, and the predecessor corporation, except in the event of a lease, Company shall be relieved of any further obligation under this Agreement and the Stock Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, any or all of the Warrant Debt Securities Preferred Shares underlying the Stock Warrants and issuable pursuant to the terms hereof. All the Warrant Debt Securities such Preferred Shares so issued shall in all respects have the same legal rank and benefit under the Indenture as the Warrant Debt Securities Preferred Shares theretofore or thereafter issued in accordance with the terms of this Agreement and the IndentureCertificate of Designations. In case of any such consolidation, merger, sale, lease conveyance or conveyancetransfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Debt Securities Preferred Shares thereafter to be issued as may be appropriate.. * * * * *

Rights and Duties of Successor Corporation. In case of any such consolidation, merger, sale, lease or conveyance and upon any such assumption by the successor corporation, such successor corporation shall succeed to and be substituted for the CompanyCorporation, with the same effect as if it had been named herein, and the predecessor corporation, except in the event of a lease, shall be relieved of any further obligation under this Agreement and the Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyCorporation, any or all of the Warrant Debt Securities issuable pursuant to the terms hereof. All the Warrant Debt Securities so issued shall in all respects have the same legal rank and benefit under the Indenture as the Warrant Debt Securities theretofore or thereafter issued in accordance with the terms of this Agreement and the Indenture. In case of any such consolidation, merger, sale, lease or conveyance, such changes in phraseology and form (but not in substance) may be made in the Warrant Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. In case of any ------------------------------------------ such consolidation, merger, sale, lease conveyance or conveyance transfer and upon any such assumption of the duties and obligations of the Company 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, and the predecessor corporation, except in the event of a lease, Company shall be relieved of any further obligation under this Agreement and the Debt Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, any or all of the Warrant Underlying Debt Securities issuable pursuant to the terms hereof. All the Warrant Underlying Debt Securities so issued shall in all respects have the same legal rank and benefit under the Indenture as the Warrant Underlying Debt Securities theretofore or thereafter issued in accordance with the terms of this Agreement and the Indenture. In case of any such consolidation, merger, sale, lease conveyance or conveyancetransfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Underlying Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. In case of any such consolidation, merger, sale, lease conveyance or conveyance transfer and upon any such assumption of the duties and obligations of the Company 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, and the predecessor corporation, except in the event of a lease, Company shall be relieved of any further obligation under this Agreement and the Debt Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, any or all of the Warrant Underlying Debt Securities issuable pursuant to the terms hereof. All the Warrant Underlying Debt Securities so issued shall in all respects have the same legal rank and benefit under the Indenture as the Warrant Underlying Debt Securities theretofore or thereafter issued in accordance with the terms of this Agreement and the Indenture. In case of any such consolidation, merger, sale, lease conveyance or conveyancetransfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Underlying Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. In case of any such consolidation, merger, sale, lease sale or conveyance and upon any such assumption by the successor corporationcorporation of the obligations of the Company under the Indenture, such successor corporation shall succeed to and be substituted for the Company, with the same effect as if it had been named herein, and the predecessor corporation, except in the event of a lease, shall be relieved of any further obligation under this Agreement and the Debt Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, any or all of the Debt Warrant Debt Securities Notes issuable pursuant to the terms hereof. All the Debt Warrant Debt Securities Notes so issued shall in all respects have the same legal rank and benefit under the Indenture as the Debt Warrant Debt Securities Notes theretofore or thereafter issued in accordance with the terms of this Agreement and the Indenture. In case of any such consolidation, merger, sale, lease sale or conveyance, such changes in phraseology and form (but not in substance) may be made in the Warrant Debt Securities thereafter to be issued as may be appropriate.in

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, lease or conveyance and upon any such assumption by the successor corporation, such successor corporation shall succeed to and be substituted for the CompanyCorporation, with the same effect as if it had been named herein, and the predecessor corporation, except in the event of a lease, shall be relieved of any further obligation under this Agreement and the Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyCorporation, any or all of the Warrant Debt Securities issuable pursuant to the terms hereof. All the Warrant Debt Securities so issued shall in all respects have the same legal rank and benefit under the Indenture as the Warrant Debt Securities theretofore or thereafter issued in accordance with the terms of this Agreement and the Indenture. . (b) In case of any such consolidation, merger, sale, lease or conveyance, such changes in phraseology and form (but not in substance) may be made in the Warrant Debt Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. In case of any ------------------------------------------ such consolidation, merger, sale, lease conveyance or conveyance transfer and upon any such assumption of the duties and obligations of the Company 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, and the predecessor corporation, except in the event of a lease, Company shall be relieved of any further obligation under this Agreement and the Stock Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, any or all of the Warrant Debt Securities Preferred Shares underlying the Stock Warrants and issuable pursuant to the terms hereof. All the Warrant Debt Securities such Preferred Shares so issued shall in all respects have the same legal rank and benefit under the Indenture as the Warrant Debt Securities Preferred Shares theretofore or thereafter issued in accordance with the terms of this Agreement and the IndentureCertificate of Designations. In case of any such consolidation, merger, sale, lease conveyance or conveyancetransfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Debt Securities Preferred Shares thereafter to be issued as may be appropriate.