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

Rights and Duties of Successor Corporation. In case of any such consolidation, merger, transfer, lease or conveyance and upon any such assumption by the successor Person, such successor Person shall succeed to and be substituted for the Issuer, with the same effect as if it had been named herein as the party of the first part, and the predecessor Person, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Notes. Such successor Person thereupon may cause to be signed, and may issue either in its own name or in the name of the Issuer, any or all of the Notes issuable hereunder which theretofore shall not have been signed by the Issuer and delivered to the Trustee; and, upon the order of such successor Person, instead of the Issuer, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Notes which previously shall have been signed and delivered by an officer of the Issuer to the Trustee for authentication, and any Notes which such successor Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Notes so issued shall in all respects have the same legal rank and benefit under this Indenture as the Notes theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Notes had been issued at the date of the execution hereof.

Appears in 5 contracts

Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)

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Rights and Duties of Successor Corporation. In case of any such consolidation, merger, transfersale, lease lease, conveyance or conveyance other disposition and upon any such assumption by the successor Person, such successor Person shall succeed to and be substituted for the IssuerCompany, with the same effect as if it had been named herein as the party of the first part, and the predecessor Personcorporation, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Notes. Such successor Person thereupon may cause to be signed, and may issue either in its own name or in the name of the IssuerCompany, any or all of the Notes issuable hereunder which that theretofore shall not have been signed by the Issuer Company and delivered to the Trustee; Trustee; and, upon the order of such successor Person, instead of the IssuerCompany, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Notes which that previously shall have been signed and delivered by an officer the officers of the Issuer Company to the Trustee for authentication, and any Notes which that such successor Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Notes so issued shall in all respects have the same legal rank and benefit under this Indenture as the Notes theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Notes had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, lease, conveyance or other disposition, such changes in phraseology and form (but not in substance) may be made in the Notes thereafter to be issued as may be appropriate.

Appears in 4 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, transfer, lease lease, purchase or conveyance and upon any such assumption by the a successor Personentity in accordance with Section 9.1, such successor Person entity shall succeed to and be substituted for the Issuer, Company with the same effect as if it had been named herein as the party of the first part, and the predecessor Person, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the NotesCompany. Such successor Person entity thereupon may cause to be signed, and may issue either in its own name or in the name of the IssuerCompany, any or all of the Notes Certificates evidencing Units issuable hereunder which theretofore shall not have been signed by the Issuer Company and delivered to the Trustee; Purchase Contract Agent; and, upon the order of such successor Personcorporation, instead of the IssuerCompany, and subject to all the terms, conditions and limitations in this Indenture Agreement prescribed, the Trustee Purchase Contract Agent shall authenticate and shall execute on behalf of the Holders and deliver any Notes Certificates which previously shall have been signed and delivered by an officer the officers of the Issuer Company to the Trustee Purchase Contract Agent for authentication, execution on behalf of the Holder and delivery, and any Notes Certificate evidencing Units which such successor Person entity thereafter shall cause to be signed and delivered to the Trustee Purchase Contract Agent for that purpose. All the Notes Certificates so issued shall in all respects have the same legal rank and benefit under this Indenture Agreement as the Notes Certificates theretofore or thereafter issued in accordance with the terms of this Indenture Agreement as though all of such Notes Certificates had been issued at the date of the execution hereof.

Appears in 3 contracts

Samples: Purchase Contract Agreement (Xl Capital LTD), Purchase Contract Agreement (Xl Capital LTD), Purchase Contract Agreement (Xl Capital LTD)

Rights and Duties of Successor Corporation. In case of any such merger, consolidation, mergerconversion, sale, assignment, transfer, lease or conveyance and upon any such assumption by the a successor PersonPerson in accordance with Section 9.1, such successor Person shall succeed to and be substituted for the Issuer, Company with the same effect as if it had been named herein as the party of the first partCompany, and the its predecessor Personshall, except in the event case of a lease, shall be relieved of any further obligation released from its obligations under this Indenture and the NotesAgreement. Such successor Person thereupon may cause to be signed, and may issue either in its own name or in the name of the Issuer, any or all of the Notes Certificates evidencing Securities issuable hereunder which that theretofore shall not have been signed by the Issuer Company and delivered to the Trustee; Agent; and, upon the order of such successor Person, instead of the IssuerCompany, and subject to all the terms, conditions and limitations in this Indenture Agreement prescribed, the Trustee Agent shall authenticate and shall execute on behalf of the Holders and deliver any Notes which Certificates that previously shall have been signed and delivered by an officer the officers of the Issuer Company to the Trustee Agent for authenticationauthentication and execution, and any Notes which Certificate evidencing Securities that such successor Person thereafter shall cause to be signed and delivered to the Trustee Agent for that purpose. All the Notes Certificates so issued shall in all respects have the same legal rank and benefit under this Indenture Agreement as the Notes Certificates theretofore or thereafter issued in accordance with the terms of this Indenture Agreement as though all of such Notes 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 Securities thereafter to be issued as may be appropriate.

Appears in 2 contracts

Samples: Purchase Contract Agreement (Centurytel Inc), Purchase Contract Agreement (Centurytel Inc)

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

Appears in 2 contracts

Samples: Purchase Contract Agreement (Unumprovident Corp), Purchase Contract Agreement (Xl Capital LTD)

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