Rights and Duties of Successor. In case of any such consolidation, merger, sale, lease or conveyance and upon any such assumption by the successor Person, such successor Person shall succeed to and be substituted for the Issuer or the Guarantor, with the same effect as if it had been named herein as the party of the first part, and the predecessor Person, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor Person thereupon may cause to be signed, and may issue either in its own name or in the name of the Issuer or the Guarantor, any or all of the Securities or the Guarantees, as the case may be, issuable hereunder which theretofore shall not have been signed by the Issuer or the Guarantor and delivered to the Trustee; and, upon the order of such successor Person, instead of the Issuer or the Guarantor, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Securities which previously shall have been signed and delivered by the officers of the Issuer or the Guarantor to the Trustee for authentication, and any Securities or Guarantees which such successor Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Securities and Guarantees so issued shall in all respects have the same legal rank and benefit under this Indenture as the Securities and Guarantees theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Securities and Guarantees had been issued at the date of the execution hereof. 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.
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Samples: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)
Rights and Duties of Successor. In case of any such consolidation, merger, sale, lease or conveyance and upon any such assumption by the successor Personcorporation or partnership, such successor Person corporation or partnership shall succeed to and be substituted for the Issuer or the Guarantor, MAALP with the same effect as if it had been named herein as the party of the first partIssuer, and the predecessor Person, except in the event of a lease, MAALP shall be relieved of any further obligation under this Indenture and the Securities. Such successor Person corporation or partnership thereupon may cause to be signed, signed and may issue either in its own name or in the name of the Issuer or the Guarantor, MAALP any or all of the Securities or the Guarantees, as the case may be, issuable hereunder which theretofore shall not have been signed by the Issuer or the Guarantor MAALP and delivered to the Trustee; and, upon the order of such successor Person, corporation or partnership instead of the Issuer or the Guarantor, MAALP and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Securities which previously shall have been signed and delivered by the officers Officers of the Issuer or the Guarantor general partner of MAALP to the Trustee for authentication, and any Securities or Guarantees which such successor Person corporation or partnership thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Securities and Guarantees so issued shall in all respects have the same legal rank and benefit under this Indenture as the Securities and Guarantees theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Securities and Guarantees had been issued at the date time of the execution hereof. In case of any such consolidation, merger, sale, lease 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.
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Samples: Restated Supplemental Indenture (Mid America Capital Partners L P), Restated Supplemental Indenture (Mid America Capital Partners L P), Indenture (Mid America Capital Partners L P)
Rights and Duties of Successor. In case of any such consolidation, merger, sale, lease or conveyance and upon any such assumption by the successor Person, such successor Person shall succeed to and be substituted for the Issuer or the GuarantorIssuer, with the same effect as if it had been named herein as the party of the first part, and the predecessor Person, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor Person thereupon may cause to be signed, and may issue either in its own name or in the name of the Issuer or the GuarantorIssuer, any or all of the Securities or the Guarantees, as the case may be, issuable hereunder which theretofore shall not have been signed by the Issuer or the Guarantor and delivered to the Trustee; and, upon the order of such successor Person, instead of the Issuer or the GuarantorIssuer, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Securities which previously shall have been signed and delivered by the officers of the Issuer or the Guarantor to the Trustee for authentication, and any Securities or Guarantees which such successor Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Securities and Guarantees so issued shall in all respects have the same legal rank and benefit under this Indenture as the Securities and Guarantees theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Securities and Guarantees had been issued at the date of the execution hereof. 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 2 contracts
Samples: Indenture (First Industrial Realty Trust Inc), Indenture (First Industrial Realty Trust Inc)
Rights and Duties of Successor. In case of any such consolidation, merger, sale, lease or conveyance and upon any such assumption by the successor Person, such successor Person shall succeed to and be substituted for the Issuer or the Guarantor, with the same effect as if it had been named herein as the party of the first part, and the predecessor Person, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor Person thereupon may cause to be signed, and may issue either in its own name or in the name of the Issuer or the Guarantor, any or all of the Securities or the Guarantees, as the case may be, issuable hereunder which theretofore shall not have been signed by the Issuer or the Guarantor and delivered to the Trustee; and, upon the order of such successor Person, instead of the Issuer or the Guarantor, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Securities which previously shall have been signed and delivered by the officers of the Issuer or the Guarantor to the Trustee for authentication, and any Securities or Guarantees which such successor Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Securities and Guarantees so issued shall in all respects have the same legal rank and benefit under this Indenture as the Securities and Guarantees theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Securities and Guarantees had been issued at the date of the execution hereof. 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.
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Rights and Duties of Successor. CORPORATION In case of any such consolidation, merger, sale, lease or conveyance and upon any such assumption by the successor Personcorporation, such successor Person corporation shall succeed to and be substituted for the Issuer or the GuarantorCompany, with the same effect as if it had been named herein as the party of the first part, and the predecessor Personcorporation, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securities. Such successor Person corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Issuer or the GuarantorCompany, any or all of the Securities or the Guarantees, as the case may be, issuable hereunder which theretofore shall not have been signed by the Issuer or the Guarantor Company and delivered to the Trustee; and, upon the order of such successor Personcorporation, instead of the Issuer or the GuarantorCompany, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Securities which previously shall have been signed and delivered by the officers of the Issuer or the Guarantor Company to the Trustee for authentication, and any Securities or Guarantees which such successor Person corporation thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Securities and Guarantees so issued shall in all respects have the same legal rank and benefit under this Indenture as the Securities and Guarantees theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Securities and Guarantees had been issued at the date of the execution hereof. 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 1 contract
Samples: Indenture (Beazer Homes Usa Inc)
Rights and Duties of Successor. (a) In case of any such consolidationamalgamation, merger, salereorganization, arrangement, conveyance, transfer or lease or conveyance and upon any such assumption by the successor Person, such successor Person shall succeed agree to and be substituted for bound by the terms of this Indenture as principal obligor or guarantor in place of NNC, the Issuer or the Guarantor, NNI with the same effect as if it had been named herein as the party of the first part, and the predecessor Person, except in the event of a lease, shall be relieved of any further obligation under this Indenture and the Securitiessuch. Such successor Person thereupon may cause to be signed, and may issue either in its own name or in the name of NNC, the Issuer or the Guarantor, any or all of the Securities or the GuaranteesNNI, as the case may be, any or all of Debt Securities of any series issuable and the Guarantees endorsed thereon, hereunder which theretofore shall not have been signed by NNC, the Issuer or NNI, as the Guarantor case may be, and delivered to the Trustee; and, upon the order of such successor Person, instead of the Issuer or the Guarantor, and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee shall authenticate and shall deliver any Securities which previously shall have been signed and delivered by the officers of the Issuer or the Guarantor to the Trustee for authentication, and any Securities or Guarantees which such successor Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued and Guarantees so issued endorsed thereon shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities and Guarantees theretofore or thereafter issued or endorsed in accordance with the terms of this Indenture as though all of such Debt Securities and Guarantees had been issued or endorsed at the date on which the Debt Securities of such series were originally signed by NNC, the execution hereof. Issuer or NNI, as the case may be, and delivered to the Trustee.
(b) In the case of any such consolidationamalgamation, merger, salereorganization, lease arrangement, conveyance, transfer or conveyancelease, such changes in phraseology and form (but not in substance) may be made in Debt Securities and, the Securities Guarantees endorsed thereon, thereafter to be issued as may be appropriate.
Appears in 1 contract
Samples: Indenture (Nortel Networks LTD)