Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, 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 NextEra Energy, 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 entity, 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 and execution, 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. 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.
Appears in 14 contracts
Samples: Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co)
Rights and Duties of Successor Entity. In case of any such ------------------------------------- consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall have not have been signed by the Company and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 8 contracts
Samples: Indenture (Homestead Village Inc), McLeodusa Inc, McLeodusa Inc
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance permitted under Section 801 and upon any such assumption by a the successor entity in accordance with Section 9.1entity, 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 CompanyCompany and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such Any such successor entity of the Company thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, 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 Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 7 contracts
Samples: Indenture (Capitalsource Holdings LLC), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption by a successor entity in accordance with Section 9.110.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent and Trustee (if applicable) shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent and Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 6 contracts
Samples: Purchase Contract Agreement (Change Healthcare Inc.), Purchase Contract Agreement (Change Healthcare Inc.), Purchase Contract Agreement (Change Healthcare Inc.)
Rights and Duties of Successor Entity. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a successor entity 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 Person thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, 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 entitycorporation, 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 and execution, 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. 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.
Appears in 6 contracts
Samples: Purchase Contract Agreement (Northwest Natural Gas Co), Purchase Contract Agreement (Ameren Capital Trust Ii), Purchase Contract Agreement (Ameren Corp)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity corporation in accordance with the provisions of Section 9.18.1, such successor entity corporation shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor corporation, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, 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 Purchase Contract AgentTrustee; and, upon the order of such successor entitycorporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 5 contracts
Samples: Indenture (Leap Wireless International Inc), Indenture (Viasat Inc), Indenture (Neurocrine Biosciences Inc)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, 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 Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 5 contracts
Samples: Centerpoint Properties Trust, Colonial Realty Limited Partnership, Centerpoint Properties Trust
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, 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 Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities of the same series theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate. 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 Securities thereafter to be issued as may be appropriate.
Appears in 4 contracts
Samples: Senior Indenture (Liberty Property Limited Partnership), Liberty Property Limited Partnership, Liberty Property Limited Partnership
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance permitted under Section 801 and upon any such assumption by a the successor entity in accordance with Section 9.1entity, 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 CompanyCompany and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such Any such successor entity of the Company thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by CarrAmerica, as the Company general partner of the Company, and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of CarrAmerica, as the Company general partner of the Company, to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 4 contracts
Samples: Carramerica Realty Corp, Carramerica Realty Corp, Carramerica Realty Corp
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance permitted under Section 801 and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Company, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Notes. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, Inc. any or all of the Certificates evidencing Units Notes issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Notes which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Notes which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All of the Certificates Notes so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Notes theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Notes had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Notes thereafter to be issued as may be appropriate.
Appears in 4 contracts
Samples: Carramerica Realty Corp, Carramerica Realty Corp, Indenture (Carramerica Realty Corp)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity corporation in accordance with the provisions of Section 9.1801, such successor entity corporation shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor corporation, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, 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 Purchase Contract AgentTrustee; and, upon the order of such successor entitycorporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 4 contracts
Samples: Form of Indenture (Realty Income Corp), Indenture (Realty Income Corp), Indenture (Pan Pacific Retail Properties Inc)
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption by a successor entity in accordance with Section 9.110.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts issuable hereunder which theretofore theretofor shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent and Trustee (if applicable) shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent and Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore Securities theretofor or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 4 contracts
Samples: Purchase Contract Agreement (Aqua America Inc), Purchase Contract Agreement (International Flavors & Fragrances Inc), Purchase Contract Agreement (Tyson Foods Inc)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, 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 NextEra EnergyFPL 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 Purchase Contract Agent; and, upon the order of such successor entitycorporation, 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 and execution, and any Certificate evidencing Units Securities 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. 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 Securities thereafter to be issued as may be appropriate.
Appears in 4 contracts
Samples: Purchase Contract Agreement (FPL Group Capital Inc), Purchase Contract Agreement (FPL Group Capital Inc), Purchase Contract Agreement (FPL Group Trust II)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, 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 NextEra Energy, Inc. 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 Purchase Contract Agent; and, upon the order of such successor entitycorporation, 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 and execution, and any Certificate evidencing Units Securities 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. 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 Securities thereafter to be issued as may be appropriate.
Appears in 3 contracts
Samples: Purchase Contract Agreement (Txu Corp /Tx/), Purchase Contract Agreement (Txu Corp /Tx/), Purchase Contract Agreement (Txu Capital Iv)
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption under Section 10.01(i)(b) by a successor entity in accordance with Section 9.110.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent and Trustee (if applicable) shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company Officers to the Purchase Contract Agent and Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 3 contracts
Samples: Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (BrightSpring Health Services, Inc.)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company PCS, with the same effect as if it had been named herein as herein, and the Companypredecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra EnergyPCS, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company PCS and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the CompanyPCS, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company PCS to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 2 contracts
Samples: Potash Corporation of Saskatchewan Inc, Potash Corporation of Saskatchewan Inc
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, 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 NextEra Energy, Inc. the 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 Purchase Contract Agent; and, upon the order of such successor entitycorporation, 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 and execution, and any Certificate evidencing Units Securities 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. 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 Securities thereafter to be issued as may be appropriate.
Appears in 2 contracts
Samples: Agent Purchase Contract Agreement (Great Plains Energy Inc), Agent Purchase Contract Agreement (Great Plains Energy Inc)
Rights and Duties of Successor Entity. In case of any such ------------------------------------- consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Operating Partnership, with the same effect as if it had been originally named herein as the CompanyOperating Partnership, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Operating Partnership, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall have not have been signed by the Company Operating Partnership and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the CompanyOperating Partnership, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company Operating Partnership to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 2 contracts
Samples: Cabot Industrial Trust, Cabot Industrial Properties Lp
Rights and Duties of Successor Entity. In case of any such merger, consolidation, mergeramalgamation, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption under Section 10.01(i)(b) by a successor entity in accordance with Section 9.110.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent and U.S. Trustee (if applicable) shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company Officers to the Purchase Contract Agent and U.S. Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and U.S. Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, mergeramalgamation, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 2 contracts
Samples: Purchase Contract Agreement (GFL Environmental Inc.), Purchase Contract Agreement (GFL Environmental Holdings Inc.)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Partnership, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Partnership, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company Partnership and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the CompanyPartnership, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company Partnership to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in 56 63 accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 2 contracts
Samples: Summit Properties Partnership L P, Gables Realty Limited Partnership
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Partnership, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Partnership, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company Partnership and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the CompanyPartnership, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company Partnership to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 2 contracts
Samples: Indenture (Gables Realty Limited Partnership), Summit Properties Partnership L P
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance permitted under Section 801 and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Company, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, 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 Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 2 contracts
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, 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 NextEra Energy, Inc. AmerUs Group Co. 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 entitycorporation, 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 and execution, and any Certificate evidencing Units Securities 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. 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 Securities thereafter to be issued as may be appropriate.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Amerus Group Co/Ia), Purchase Contract Agreement (Amerus Group Co/Ia)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, 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 NextEra EnergyFPL Group, 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 entity, 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 and execution, 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. 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.
Appears in 2 contracts
Samples: Purchase Contract Agreement (FPL Group Inc), Purchase Contract Agreement (FPL Group Inc)
Rights and Duties of Successor Entity. In case of any such consolidationamalgamation, merger, consolidation, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, instead of the Company, and subject to all the terms, conditions and limitations in this Purchase Contract Agreement prescribed, the Purchase Contract Agent and Trustee shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent and Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Purchase Contract Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Purchase Contract Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Post Holdings, Inc.), Purchase Contract Agreement (McDermott International Inc)
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, instead of the Company, and subject to all the terms, conditions and limitations in this Purchase Contract Agreement prescribed, the Purchase Contract Agent and Trustee shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent and Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Purchase Contract Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Purchase Contract Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Rights and Duties of Successor Entity. In case of any such ------------------------------------- consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Partnership, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Partnership, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company Partnership and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the CompanyPartnership, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company Partnership to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Indenture (Bradley Operating L P)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, amalgamation, winding up into or sale, assignment, transferconveyance, lease transfer or conveyance other disposition (but not any such lease) 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 NextEra EnergyXxxxxxx Xxxx Homes, Inc. as applicable, any or all of the Certificates Securities evidencing Units or Purchase Contracts issuable hereunder which theretofore theretofor shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order Company Order of such successor entity, 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 such Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and execution, and any Certificate such Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, mergerconversion, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Equity Linked Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, 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 CompanyCompany and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor Any such succes- sor entity of the Company thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energy, Inc. the 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 Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity corporation in accordance with the provisions of Section 9.18.1, such successor entity corporation shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor corporation, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity corporation thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, 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 Purchase Contract AgentTrustee; and, upon the order of such successor entitycorporation, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the 42 49 Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Indenture (Jmar Technologies Inc)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, 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 NextEra Energy, 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 entity, 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 and execution, 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. 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.. 75 DB1/ 132079547.5
Appears in 1 contract
Samples: Purchase Contract Agreement (Florida Power & Light Co)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, amalgamation, winding up into or sale, assignment, transferconveyance, lease transfer or conveyance other disposition (but not any such lease) 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 NextEra EnergyXxxxxxxx Creek Metals Company Inc., Inc. any or all of the Certificates Securities evidencing Units tMEDS or Purchase Contracts issuable hereunder which theretofore theretofor shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order Company Order of such successor entity, 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 such Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and execution, and any Certificate such Security evidencing Units which tMEDS or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, mergerconversion, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Equity Linked Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Thompson Creek Metals CO Inc.)
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) 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 NextEra EnergySynovus Financial Corp., Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, 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 such Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and execution, and any Certificate such Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, mergerconversion, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Equity Linked Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Synovus Financial Corp)
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a successor entity in accordance with Section 9.110.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts issuable hereunder which theretofore theretofor shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent and Trustee (if applicable) shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent and Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore Securities theretofor or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Anadarko Petroleum Corp)
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a successor entity corporation 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 NextEra EnergyThe Phoenix Companies, Inc. Inc., any or all of the Certificates evidencing Units Purchase Contracts 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 entity, 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 that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and execution, and any Certificate evidencing Units which Purchase Contracts that 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 the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Phoenix Companies Inc/De)
Rights and Duties of Successor Entity. In case of any such merger consolidation, merger, share exchange sale, assignment, transfer, 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 NextEra Energy, Inc. FirstEnergy 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 Purchase Contract Agent; and, upon the order of such successor entity, 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 and execution, and any Certificate evidencing Units Securities 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. In case of any such merger consolidation, mergershare 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 Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Share Purchase Contract Agreement (Firstenergy Corp)
Rights and Duties of Successor Entity. In case of any such ------------------------------------- consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall have not have been signed by the Company and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions 62 and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Security Capital Group Inc/
Rights and Duties of Successor Entity. In case of any such merger in which the Company is not the surviving entity or any such consolidation, mergersale or conveyance, sale, assignment, transfer, lease or conveyance and upon any such assumption by a successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor corporation, except in the event of a conveyance by way of lease, shall be relieved of any further obligation under this Indenture and the Securities and any coupons appertaining thereto. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, Inc. any or all of the Certificates evidencing Units Securities and coupons issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Purchase Contract Agent; Trustee, and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities and coupons which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities or coupons which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities and coupons so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities and coupons theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities and coupons had been issued at the date of the execution hereof. In case of any such merger in which the Company is not the surviving entity or any such consolidation, mergersale or conveyance, sale, assignment, transfer, lease or conveyance such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities and coupons thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: American General Capital Iv
Rights and Duties of Successor Entity. In case of any ------------------------------------- such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, 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 CompanyCompany and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such Any such successor entity of the Company thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energy, Inc. the 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 Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: NVR Inc
Rights and Duties of Successor Entity. In case of any such ------------------------------------- consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, shall be relieved of any further obligation under this Indenture and the Securities, except for the obligation to pay the principal of (and premium, if any) and interest and Additional Amounts, if any. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall have not have been signed by the Company and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: McLeodusa Inc
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption by a successor entity in accordance with Section 9.110.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent and Trustee shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent and Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Rights and Duties of Successor Entity. In case of any such merger in which the Company is not the surviving entity or any such consolidation, mergersale or conveyance, sale, assignment, transfer, lease or conveyance and upon any such assumption by a successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a conveyance by way of lease, shall be relieved of any further obligation under this Indenture and the Securities and any coupons appertaining thereto. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, Inc. any or all of the Certificates evidencing Units Securities and coupons issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Purchase Contract Agent; Trustee, and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities and coupons which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities or coupons which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities and coupons so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities and coupons theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities and coupons had been issued at the date of the execution hereof. <PAGE> 61 In case of any such merger in which the Company is not the surviving entity or any such consolidation, mergersale or conveyance, sale, assignment, transfer, lease or conveyance such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities and coupons thereafter to be issued as may be appropriate.
Appears in 1 contract
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent and Trustee shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent and Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) 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 NextEra EnergyWintrust Financial Corporation, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, 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 such Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and execution, and any Certificate such Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, mergerconversion, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Equity-Linked Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Wintrust Financial Corp)
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption by a successor entity corporation in accordance with Section 9.110.01, 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 NextEra EnergyCitigroup Inc., Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, 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 Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and execution, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption by a successor entity in accordance with Section 9.110.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts issuable hereunder which theretofore theretofor shall not have been signed by the Company and the Note Issuer (if applicable) and delivered to the Purchase Contract Agent; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent and Trustee (if applicable) shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company and the Note Issuer to the Purchase Contract Agent and Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore Securities theretofor or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Hovnanian Enterprises Inc)
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) 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 NextEra EnergyCitigroup Inc., Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, 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 such Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and execution, and any Certificate such Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Rights and Duties of Successor Entity. In case of any such merger in which the Company is not the surviving entity or any such consolidation, mergersale or conveyance, sale, assignment, transfer, lease or conveyance and upon any such assumption by a successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor corporation, except in the event of a conveyance by way of lease, shall be relieved of any further obligation under this Indenture and the Securities and any coupons appertaining thereto. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, Inc. any or all of the Certificates evidencing Units Securities and coupons issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Purchase Contract Agent; Trustee, and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities and coupons which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities or coupons which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities and coupons so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities and coupons 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 in which the Company is not the surviving entity or any such consolidation, mergersale or conveyance, sale, assignment, transfer, lease or conveyance such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities and coupons thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: American General Capital Iv
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption by a successor entity in accordance with Section 9.110.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts issuable hereunder which theretofore thereto for shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent and Trustee (if applicable) shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent and Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore Securities thereto for or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but hut not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, 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 NextEra EnergyFPL 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 Purchase Contract Agent; and, upon the order of such successor entitycorporation, 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 and execution, and any Certificate evidencing Units Securities 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. 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 Securities thereafter to be issued as may be appropriate. SECTION 9.3.
Appears in 1 contract
Samples: Purchase Contract Agreement (Florida Power & Light Co)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, 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 CompanyCompany and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such Any such successor entity of the Company thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energy, Inc. the Company any or all of the Certificates evidencing Units Securities issuable hereunder which - 44 - 51 theretofore shall not have been signed by the Company and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Mindspring Enterprises Inc
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption by a successor entity in accordance with Section 9.110.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent and Trustee (if applicable) shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent and Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. Xxx Xxxxxxxxxx has requested confidential treatment of this draft registration statement and associated correspondence pursuant to Rule 83 of the Securities and Exchange Commission. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Change Healthcare Inc.)
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption by a successor entity in accordance with Section 9.110.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement prescribed, the Purchase Contract Agent and the Trustee (if applicable) shall authenticate and execute on behalf of the Holders and deliver any Certificates which Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent and the Trustee for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent and the Trustee for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Brookdale Senior Living Inc.)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with the provisions of Section 9.1801, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, 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 Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Indenture (Kilroy Realty, L.P.)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease sale or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1SECTION 901, 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 NextEra EnergyPrime Group Realty Trust, 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 Purchase Contract Agent; and, upon the order of such successor entity, 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 Security Certificates which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and execution, and any Security Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract 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 sale or conveyance such change in phraseology and form (but not in substance) may be made in the Security Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Prime Group Realty Trust)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Partnership, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Partnership, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company Partnership and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the CompanyPartnership, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company Partnership to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be 58 signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption by a successor entity in accordance with Section 9.110.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts issuable hereunder which theretofore thereto for shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order of such successor entity, 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 Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore Securities thereto for or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Kindred Healthcare, Inc)
Rights and Duties of Successor Entity. In case of any ------------------------------------- such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company or the Guarantor, as the case may be, with the same effect as if it had been named herein as the CompanyCompany or the Guarantor, as applicable, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such Any such successor entity of the Company thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energy, Inc. the 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 Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
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Samples: NVR Inc
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance permitted under Section 801(a) and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company or the Guarantor, as the case may be, with the same effect as if it had been named herein as the CompanyCompany or a Guarantor, as applicable, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such Any such successor entity of the Company thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, 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 Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
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Samples: Carramerica Realty L P
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, 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 NextEra EnergyFPL 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 Purchase Contract Agent; and, upon the order of such successor entitycorporation, 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 and execution, and any Certificate evidencing Units Securities 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. 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.
Appears in 1 contract
Samples: Purchase Contract Agreement (Florida Power & Light Co)
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Partnership, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Partnership, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall not have been signed by the Company Partnership and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the CompanyPartnership, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company Partnership to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be 58 65 signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Bradley Operating L P
Rights and Duties of Successor Entity. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a the successor entity in accordance with Section 9.1entity, such successor entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Companyparty of the first part, and the predecessor entity, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra Energythe Company, Inc. any or all of the Certificates evidencing Units Securities issuable hereunder which theretofore shall have not have been signed by the Company and delivered to the Purchase Contract AgentTrustee; and, upon the order of such successor entity, instead of the Company, and subject to all the terms, conditions and limitations in this Agreement Indenture prescribed, the Purchase Contract Agent Trustee shall authenticate and execute on behalf of the Holders and shall deliver any Certificates Securities which previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent Trustee for authentication and executionauthentication, and any Certificate evidencing Units Securities which such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent Trustee for that purpose. All the Certificates Securities so issued shall in all respects have the same legal rank and benefit under this Agreement Indenture as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement Indenture as though all of such Certificates Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change changes in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Securities thereafter to be issued as may be appropriate.
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Samples: Security Capital Atlantic Inc
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) 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 CompanyCompany and, upon satisfaction of all conditions precedent to such assumption hereunder, the Company will be relieved of any further obligation under this Agreement and the Purchase Contracts. Such successor entity thereupon may cause to be signed, and may issue either in its own name or in the name of NextEra EnergyBanc of California, Inc. Inc., any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, 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 such Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and execution, and any Certificate such Security evidencing Units which or Purchase Contracts that such successor entity thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates evidencing Units Equity-Linked Securities thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Banc of California, Inc.)
Rights and Duties of Successor Entity. In case of any such merger, consolidation, merger, sale, assignment, transfer, lease transfer or conveyance (but not any such lease) and upon any such assumption by a successor entity in accordance with Section 9.111.01, 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 NextEra Energythe Company, Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts issuable hereunder which theretofore theretofor shall not have been signed by the Company and delivered to the Purchase Contract Agent; and, upon the order of such successor entity, 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 Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and executionauthentication, and any Certificate Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates theretofore Securities theretofor or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such merger, consolidation, merger, sale, assignment, transfer, lease or conveyance conveyance, such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
Appears in 1 contract
Rights and Duties of Successor Entity. (a) In case of any such consolidation, merger, sale, assignment, transfer, lease or conveyance and upon any such assumption by a successor entity 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 NextEra Energythe Company, 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 Purchase Contract Agent; and, upon the order of such successor entityPerson, 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 and execution, and any Certificate evidencing Units Securities 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. 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.
Appears in 1 contract
Rights and Duties of Successor Entity. In case of Upon any such consolidation, merger, sale, assignment, transfer, lease conveyance or conveyance and upon transfer (but not any such assumption by a successor entity in accordance with Section 9.1lease), 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 NextEra EnergyAlly Financial Inc., Inc. any or all of the Certificates Securities evidencing Units or Purchase Contracts 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 entity, 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 such Securities that previously shall have been signed and delivered by the officers of the Company to the Purchase Contract Agent for authentication and execution, and any Certificate such Security evidencing Units which or Purchase Contracts that such successor entity corporation thereafter shall cause to be signed and delivered to the Purchase Contract Agent for that purpose. All the Certificates so Securities issued shall in all respects have the same legal rank and benefit under this Agreement as the Certificates Securities theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Certificates Securities had been issued at the date of the execution hereof. In case the event of any such consolidation, merger, saleconveyance, assignmenttransfer or lease, transfer, lease or conveyance such change in phraseology and form (but not in substance) may be made in the Certificates Securities evidencing Units or Purchase Contracts thereafter to be issued as may be appropriate.
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