Succession and Substitution. The Continuing Corporation, from and after the Effective Time, by virtue of the aforesaid assumption and the delivery of this Second Supplemental Indenture, shall succeed to and be substituted for and may exercise every right and power of the Company under the Indenture with the same effect as if the Continuing Corporation had been named as the Company in the Indenture.
Succession and Substitution. Upon the consummation of the Separation, Section 802 of the Indenture shall have effect to the extent set forth therein, subject to such Section.
Succession and Substitution. Upon the consummation of the Merger, Section 802 of the Indenture shall have effect to the extent set forth therein, subject to such Section.
Succession and Substitution. The Successor Company, from and after the date hereof, by virtue of the aforesaid assumption and the delivery of this Second Supplemental Indenture, shall succeed to, and be substituted for, and may exercise every right and power of, the Company under the Indenture, and the Company shall be discharged from all obligations and covenants under the Indenture and the Securities.
Succession and Substitution. The Successor Company, from and after the date hereof, by virtue of the aforesaid assumption and the delivery of this First Supplemental Indenture, shall succeed to, and be substituted for, the Company under the Indenture and the Securities.
Succession and Substitution. The New Issuer, from and after the date hereof, by virtue of the aforesaid assumption and the delivery of this Fourth Supplemental Indenture, shall succeed to, and be substituted for, and may exercise every right and power of, Validus UPS under the Indenture, and Validus UPS shall be discharged from all obligations and covenants under the Indenture and the Securities.
Succession and Substitution. Section 3.01. Upon the consummation of the Merger and the Conveyance, Kimco shall succeed to and be substituted for the Company with the same effect as if it had been named in the Indenture as the party of the first part and the Company shall be relieved of any further obligation under the Indenture and the Securities, all pursuant to Section 802 of the Indenture. ARTICLE FOUR
Succession and Substitution. Pursuant to, and in compliance and in accordance with, Section 11.3 of the Base Indenture, the Parent Guarantor, from and after the Effective Time, by virtue of the aforesaid assumption and the delivery of this Fourth Supplemental Indenture, shall succeed to, and be substituted for, and may exercise every right and power of, the Guarantor under the Indenture, with the same effect as if the Parent Guarantor had originally been named in the Indenture as the Guarantor, and the Guarantor shall be discharged from all obligations and covenants under the Indenture and the Notes.
Succession and Substitution. Pursuant to, and in compliance and in accordance with, Section 8.2 of the Indenture, the Successor Guarantor, from and after the Effective Time, by virtue of the aforesaid assumption and the delivery of this Second Supplemental Indenture, shall succeed to, and be substituted for, and may exercise every right and power of, the Guarantor under the Indenture, with the same effect as if the Successor Guarantor had originally been named in the Indenture as the Guarantor, and the Guarantor shall be discharged from all obligations and covenants under the Indenture and the Securities.
Succession and Substitution. Section 4.01. Upon the completion of the NMC Separation, and the delivery to the Trustee of an Officers' Certificate of Grace Holding to such effect, Grace Holding automatically without further act will succeed to and be substituted for Grace New York as the "Guarantor" under the Indenture, with the same effect as if Grace Holding had been named in 5 the Indenture as the Guarantor, and, as provided in Section 802 of the Indenture, Grace New York shall be relieved of any further obligation under the Indenture.
Section 4.02. Upon the succession and substitution of Grace Holding referred to in Section 4.01 hereof, the Indenture shall be deemed to be modified and amended in accordance with this Supplemental Indenture and the respective rights, limitation of rights, obligations, duties and immunities under the Indenture of the Company, Grace Holding, the Trustee, and the holders of the Notes shall thereafter be determined, exercised and enforced thereunder subject in all respects to such modifications and amendments, and all the terms and conditions of this Supplemental Indenture shall be and be deemed to be part of the terms and conditions of the Indenture for any and all purposes.
