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

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease, purchase or conveyance and upon any such assumption by a successor entity in accordance with Section 9.1, such successor entity shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity 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 Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder and delivery, and any Certificate evidencing Units which such successor entity thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, Texas Utilities Company any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity in accordance with Section 9.1, such successor entity shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity 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 Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder and delivery, and any Certificate evidencing Units which such successor entity thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease, purchase or conveyance and upon any such assumption by a successor entity in accordance with Section 9.1, such successor entity shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity 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 Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication, execution on behalf of the Holder and delivery, and any Certificate evidencing Units which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity 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 Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.this

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, ACE Limited any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity in accordance with Section 9.1, such successor entity shall succeed to and be substituted for the Company with the same effect as if it had been named herein originally as the Company. Such successor entity thereupon thereafter may cause to be signed, and may issue either in its own name or in the name of the CompanyNew NiSource Inc., any or all of the Certificates evidencing Units issuable hereunder under this Agreement which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporationsuccessor, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units which such successor entity thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore previously or thereafter subsequently issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereofof this Agreement. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units to be issued subsequently as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a the successor entity corporation in accordance with Section 9.1, 9.1 such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyMedPartners, Inc., any or all of the Security Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Security Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate Security Certificates evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Security Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Security Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Security Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in Security Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such merger, consolidation, mergersale, assignment, transfer, lease, purchase or conveyance disposition and upon any such assumption by a successor entity Person in accordance with Section 9.19.01, such successor entity surviving Person shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity surviving Person thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyGenworth Financial, Inc. any or all of the Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order of such successor corporationsurviving Person, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units which such successor entity surviving Person thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such merger, consolidation, sale, assignment, transfer, or disposition such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyNIPSCO Industries, Inc., any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity Corporation in accordance with Section 9.1, such successor entity Corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the CompanyCompany and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under the Purchase Contracts, the Notes, this Agreement, the Remarketing Agreement and the Pledge Agreement. Such successor entity 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 Certificates evidencing Equity Security Units and Stripped Equity Security Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporationCorporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Equity Security Units or Stripped Equity Security Units which such successor entity Corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company KeySpan with the same effect as if it had been named herein as the CompanyKeySpan. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyKeySpan, any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company KeySpan and delivered to the Agent; and, upon the order of such successor corporation, instead of the CompanyKeySpan, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company KeySpan to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease, purchase sale or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1corporation, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein in the Principal Agreements as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Monsanto Company, any or all of the Unit Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Unit Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Unit Agent shall authenticate and execute on behalf of the Holders and deliver any Unit Certificates which previously shall have been signed and delivered by the officers of the Company to the Unit Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Unit Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Unit Agent for that purpose. All the Unit Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Unit Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Unit Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale or conveyance such change in phraseology and form (but not in substance) may be made in the Unit Certificates evidencing Units thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, amalgamation, transfer, lease, purchase or conveyance and upon any such assumption by a successor entity in accordance with Section 9.19.01, such successor entity shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity 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 Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Purchase Contract Agent; , and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication, execution on behalf of the Holder and delivery, and any Certificate evidencing Units which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyAffiliated Managers Group, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company but, in the case of a sale, assignment, transfer, lease or conveyance of all or substantially all of the properties and assets of the Company, the predecessor Company will not be released from its obligation to pay the Contract Fee Payments. Such successor entity 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 Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, Xxxxxxxxx-Xxxx Company any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, DTE Energy Company any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity in accordance with Section 9.1, such successor entity shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity 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 Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder and delivery, and any Certificate evidencing Units which such successor entity thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease, purchase sale or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1corporation, such successor entity corporation shall succeed to and be substituted for the Company any Issuer with the same effect as if it had been named herein as the Companyan Issuer. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in (subject to the name provisions of each of the CompanySecurity Agreements), together with the other Issuers, any or all of the Certificates evidencing Units constituent Securities issuable hereunder which theretofore shall not have been signed by the Company Issuer that has been succeeded to and delivered to the Agent; and, upon the order of such successor corporation, instead of the CompanyIssuer that has been succeeded to, and subject to all the terms, conditions and limitations in this Agreement prescribed, each of the Security Agents and the Agent shall authenticate authenticate, countersign and execute on behalf of the Holders and deliver deliver, as applicable, any Certificates which constituent Securities that previously shall have been signed and delivered by the officers of the Company Issuer that has been succeeded to the Agent for authentication, execution on behalf each of the Holder Security Agents for authentication and deliverycountersignature, and any Certificate constituent Securities evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date each of the execution hereofSecurity Agents. In case of any such consolidation, merger, sale, conveyance or lease such change in phraseology and form (but not in substance) may be made in the Unit Certificates thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity Person shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity Person 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 Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the SQUARZ Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the SQUARZ Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the SQUARZ Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the SQUARZ Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a the successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyProtective Life Corporation, any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such merger, consolidation, mergershare exchange, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.19.01, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyPPL Corporation, any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.this

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the [Name of Company], any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein originally as the Company. Such successor entity thereupon corporation thereafter may cause to be signed, and may issue either in its own name or in the name of the CompanyNew NiSource Inc., any or all of the Certificates evidencing Units issuable hereunder under this Agreement which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore previously or thereafter subsequently issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereofof this Agreement. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units to be issued subsequently as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyXxxxx Industries, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity 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 Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1corporation, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein in the Principal Agreements as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyThe Seagram Company Ltd., any or all of the Unit Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Unit Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Unit Agent shall authenticate and execute on behalf of the Holders and deliver any Unit Certificates which previously shall have been signed and delivered by the officers of the Company to the Unit Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Unit Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Unit Agent for that purpose. All the Unit Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Unit Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Unit Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale or conveyance such change in phraseology and form (but not in substance) may be made in the Unit Certificates evidencing Units thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a the successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the 72 80 name of the CompanyMCN Corporation, any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.19.1 hereof, such successor entity 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 its predecessor shall, except in the case of a lease, be released from its obligations under this Agreement. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyThe St. Paul Companies, Inc. any or all of the Certificates evidencing Units Secuxxxxes issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyArvin Industries, Inc., any or all of the Certificates evidencing Units Secxxxxxes issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company applicable Co-Issuer with the same effect as if it had been named herein as the Companyapplicable Co-Issuer. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of Provident Financial Group, Inc., PFGI Capital Corporation or The Provident Bank, as the Companycase may be, any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company applicable Co-Issuer and delivered to the Agent; and, upon the order of such successor corporation, instead of the Companysuch Co-Issuer, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company applicable Co-Issuer to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyKennametal Inc., any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a the successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyOwenx Xxxning, any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore thereto- fore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the CompanyCompany and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under the Purchase Contracts, the Notes, this Agreement, the Remarketing Agreement and the Pledge Agreement. Such successor entity 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 Certificates evidencing Units Upper DECS and Stripped DECS issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Upper DECS or Stripped DECS which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, Philadelphia Consolidated Holding Corp. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to 72 78 the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyXxx Communications, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such merger, consolidation, mergershare exchange, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.19.01, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyThe Chubb Corporation, any or all of the Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Warrant Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Warrant Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Warrant Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Warrant Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such merger, consolidation, share exchange, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyDominion Resources, Inc., any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity 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 Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such merger, consolidation, mergershare exchange, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.19.01, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyHartford Corporation, any or all of the Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such merger, consolidation, share exchange, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyConseco, Inc., any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyPolaroid Corporation, any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such -57- 65 successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, Lincoln National Corporation any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, Lincoln National Corporation any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease, purchase sale or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1corporation, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein in the Principal Agreements as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyAmerUs Life Holdings, Inc., any or all of the Unit Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Unit Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Unit Agent shall authenticate and execute on behalf of the Holders and deliver any Unit Certificates which previously shall have been signed and delivered by the officers of the Company to the Unit Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Unit Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Unit Agent for that purpose. All the Unit Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Unit Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Unit Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale or conveyance such change in phraseology and form (but not in substance) may be made in the Unit Certificates evidencing Units thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a the successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyProtective Life Corporation, any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate. Section 9.3.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company Washington Mutual with the same effect as if it had been named herein as the CompanyWashington Mutual. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyWashington Mutual, any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company Washington Mutual and delivered to the Agent; and, upon the order of such successor corporation, instead of the CompanyWashington Mutual, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company Washington Mutual to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease, purchase sale or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1corporation, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyLife Re Corporation, any or all of the Unit Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Unit Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Unit Agent shall authenticate and execute on behalf of the Holders and deliver any Unit Certificates which previously shall have been signed and delivered by the officers of the Company to the Unit Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Unit Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Unit Agent for that purpose. All the Unit Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Unit Certificates theretofore or thereafter issued in accordance with the terms of this -50- 56 Agreement as though all of such Unit Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale or conveyance such change in phraseology and form (but not in substance) may be made in the Unit Certificates evidencing Units thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such merger, consolidation, mergerconversion, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity Person in accordance with Section 9.19.01, such successor entity Person shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the CompanyCompany and the Company shall be relieved of any of their Obligations under this Agreement and under the Units. Such successor entity Person thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyXxxx Xxxxx, Inc. any or all of the Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order of such successor corporationsurviving Person, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units which such successor entity Person thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such merger, consolidation, conversion, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, Bank United Corp. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor 52- corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, TXU Corp. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as to the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanySEMCO Energy, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, Company and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease, purchase sale or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1corporation, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyAirTouch Communications, Inc., any or all of the Unit Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Unit Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Unit Agent shall authenticate and execute on behalf of the Holders and deliver any Unit Certificates which previously shall have been signed and delivered by the officers of the Company to the Unit Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Unit Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Unit Agent for that purpose. All the Unit Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Unit Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Unit Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale or conveyance such change in phraseology and form (but not in substance) may be made in the Unit Certificates evidencing Units thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a the successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyMCN Corporation, any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfersale, lease, purchase lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1corporation or entity, such successor corporation or entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as herein, and the Company, except in the event of a lease, shall be relieved of any further obligation under this Agreement and the Warrants. Such successor or assuming corporation or entity shall expressly assume, by an amendment to this Agreement, executed and delivered to the Warrant Agent, in form satisfactory to such Warrant Agent, the due and punctual payment of any and all amounts payable by the Company pursuant to this Agreement and the performance of every covenant of this Agreement on the part of the Company to be performed or observed. Such successor corporation or entity 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 Certificates evidencing Units Warrant Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered pursuant to the Agent; and, upon the order of such successor corporation, instead terms hereof. All of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder and delivery, and any Certificate evidencing Units which such successor entity thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates Warrant Securities so issued shall in all respects have the same legal rank and benefit under this Agreement the Indenture as the Certificates Warrant 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 Securities thereafter to be issued as though all of such Certificates had been issued at the date of the execution hereofmay be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity corporation in accordance with Section 9.1, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, Kaufxxx xxx Broad Home Corporation any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease, purchase lease or conveyance and upon any such assumption by a successor entity in accordance with Section 9.1, such successor entity shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyAffiliated Managers Group, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Securities thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease, purchase sale or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1corporation, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein in the Principal Agreements as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyAmerUs Life Holdings, Inc., any or all of the Unit Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Unit Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Unit Agent shall authenticate and execute on behalf of the Holders and deliver any Unit Certificates which previously shall have been signed and delivered by the officers of the Company to the Unit Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Unit Certificate evidencing Units which such successor entity corporation thereafter shall cause to be signed and delivered to the Unit Agent for that purpose. All the Unit Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Unit Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Unit Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale or conveyance such change in phraseology and form (but not in substance) may be made in the Unit Certificates evidencing Units thereafter to be issued as may be appropriate. Section 903.

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease, purchase sale or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1corporation, such successor entity corporation shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyAllied Waste Industries, Inc., any or all of the Security Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Agent; and, upon the order of such successor corporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Agent shall authenticate and execute on behalf of the Holders and deliver any Security Certificates which previously shall have been signed and delivered by the officers of the Company to the Agent for authentication, execution on behalf of the Holder authentication and deliveryexecution, and any Security Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Agent for that purpose. All the Security Certificates so issued shall in all respects have the same legal rank and benefit under this Agreement as the Security Certificates theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Security Certificates had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale or conveyance such change in phraseology and form (but not in substance) may be made in the Security Certificates evidencing Securities thereafter to be issued as may be appropriate.