Common use of Succession by Merger Clause in Contracts

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 Timeeffective time of the NorAm Merger, 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 Securities 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 1.02 and 13.7 8.01 of the Indenture.

Succession by Merger. (1) As of the Effective Timeeffective time of the NorAm Merger, 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 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 Second Third 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 9.5 102 and 13.7 801 of the Indenture.