Succession by Merger. Any corporation into which the Trustee may be merged or exchanged or with which it may be consolidated, or any corporation resulting from any merger, exchange or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including any trust created by this Indenture), shall be the successor to the Trustee hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange or consolidation.
Succession by Merger. As of the effective time of the Merger, (i) Pride Delaware shall become the successor to the Company for all purposes of the Indenture, and (ii) Pride Delaware hereby expressly assumes the due and punctual payment of the principal of (and premium, if any) and interest (including Additional Amounts, if any) on all the Securities and the performance of every covenant of the Indenture on the part of the Company to be performed or observed.
Succession by Merger. As of the effective time of the Merger, Transocean-Texas shall become the successor to the Company for all purposes of the Indenture and Transocean-Texas hereby expressly assumes the due and punctual payment of the principal of (and premium, if any) and interest (including Additional Amounts, if any) on all the Securities and the performance of every covenant of the Indenture, as supplemented by this Second Supplemental Indenture, on the part of the Company to be performed or observed.
Succession by Merger. (1) As of the Effective Time, HI Merger shall become the successor to the Company for all purposes of the Indenture, as supplemented by the First Supplemental Indenture and HI Merger hereby expressly assumes the due and punctual payment of the principal of (and premium, if any) and interest on all the Debentures and the performance of every covenant of the Indenture, as supplemented by the First Supplemental Indenture and by this Second Supplemental Indenture, on the part of the Company to be performed or observed.
(2) Concurrently with the execution and delivery of this Second Supplemental Indenture, the Company has delivered to the Trustee an Officers' Certificate and an Opinion of Counsel as required by Sections 9.5 and 13.7 of the Indenture.
Succession by Merger. (1) As of the effective time of the NorAm Merger, HI Merger shall become the successor to the Company for all purposes of the Indenture and HI Merger hereby expressly assumes the due and punctual payment of the principal of (and premium, if any) and interest on all the Securities and the performance of every covenant of the Indenture, as supplemented by the First Supplemental Indenture and the Second Supplemental Indenture and by this Third Supplemental Indenture, on the part of the Company to be performed or observed.
(2) Concurrently with the execution and delivery of this Supplemental Indenture, the Company has delivered to the Trustee an Officers' Certificate and an Opinion of Counsel as required by Sections 102 and 801 of the Indenture.
Succession by Merger. As of the effective time of the Merger, (i) Lincoln JP Holdings shall become the successor to the Company for all purposes of the Indenture, and (ii) Lincoln JP Holdings hereby expressly assumes the due and punctual payment of the principal of and any premium and interest on all the Securities and the performance or observance of every covenant and obligation under the Indenture on the part of the Company to be performed or observed.
Succession by Merger. As of the effective time of the Merger, (i) TE Products shall become the successor to the Company for all purposes of the Indenture, (ii) TE Products hereby expressly assumes the due and punctual payment of the principal of and any premium and interest on all the Securities and the performance or observance of every covenant of the Indenture on the part of the Company to be performed or observed and (iii) the Company shall be relieved of all obligations and covenants under the Indenture and the Securities. References in the Indenture to the term “General Partner” shall hereafter be deemed to refer to the “Manager” of TE Products, as such term is defined and used in the organizational documents of TE Products, or any other Person of a position comparable thereto as provided in such documents; provided, however, that such Manager or any other such comparable Person is not a general partner of TE Products and, accordingly, that provisions applicable to the “General Partner” in the Indenture in its capacity as, and as a result of, its status as a general partner of a limited partnership shall cease to be applicable.
Succession by Merger. As of the effective time of the Merger, (i) TOWW shall become the successor to the Company for all purposes of the Indenture, and (ii) TOWW hereby expressly assumes the due and punctual payment of the principal of, premium (if any) and interest on and any Additional Amounts on all the Securities and the performance of the Company’s covenants and obligations under the Indenture and the Securities.
Succession by Merger. Effective as of the date hereof, MCM shall serve as Sub-Adviser to the Fund pursuant to the Sub-Advisory Agreement, and all references in the Sub-Advisory Agreement to the Sub-Adviser shall be deemed references to MCM.
Succession by Merger. On the date hereof and effective upon the consummation of the Merger, (a) NDS6 hereby expressly assumes the due and punctual payment of the principal of, premium, if any, and interest on, and any Additional Amounts with respect to, the Securities and the performance of NDS1’s covenants and obligations under the Supplemented Indenture and the Securities; (b) NDS6 agrees to pay fully and promptly all amounts due to the Trustee under the Indenture; (c) NDS6 will succeed to, be substituted for, and may exercise every right and power of, NDS1 under the Supplemented Indenture, with the same effect as if NDS6 had been named as the “Company” for purposes of the Indenture; and (d) NDS1 will be released of all of its covenants and obligations under the Supplemented Indenture and the Securities. After the effectiveness of this Fifth Supplemental Indenture, for the purposes of the Indenture, the term the “Company” shall include Noble Drilling, Drilling Holding and NDS6 and, upon the consummation of the Merger, shall not include NDS1.
