Common use of Successor Corporation Substituted for Guarantor Clause in Contracts

Successor Corporation Substituted for Guarantor. Upon any consolidation with or merger into any other corporation, or any conveyance or transfer of the properties and assets of the Guarantor substantially as an entirety in accordance with Section 10.03, the successor corporation formed by such consolidation or into which the Guarantor is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Guarantor under this Indenture with the same effect as if such successor had been named as the Guarantor herein, and thereafter the predecessor corporation shall be relieved of all obligations and covenants under this Indenture and the Guarantees.

Appears in 4 contracts

Samples: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Financial Corp), Municipal Mortgage & Equity LLC

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Successor Corporation Substituted for Guarantor. Upon any consolidation with or merger into any other corporation, or any conveyance conveyance, transfer or transfer lease of the properties and assets of the Guarantor substantially as an entirety to any Person in accordance with Section 10.03903, the successor corporation formed by such consolidation or into which the Guarantor is merged or the successor Person to which such conveyance conveyance, transfer or transfer lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Guarantor under this Indenture with the same effect as if such successor corporation had been named as the Guarantor herein, and thereafter thereafter, except in the case of a lease to another Person, the predecessor corporation shall be relieved of all obligations and covenants under this Indenture and the Guarantees.

Appears in 3 contracts

Samples: Indenture (Mellon Financial Corp), Senior Indenture (Keystone Financial Mid Atlantic Funding Corp), Mellon Financial Corp

Successor Corporation Substituted for Guarantor. Upon any consolidation with consolidation, amalgamation or merger into any other corporationmerger, or any conveyance conveyance, transfer or transfer lease of the properties and assets of the Guarantor substantially as an entirety in accordance with Section 10.038.03, the successor corporation formed by such consolidation or amalgamation or into which the Guarantor is merged or the successor Person to which such conveyance or transfer or with which such lease is made shall succeed to, and be substituted for, and may exercise every right and power of, of the Guarantor under this Subordinated Indenture with the same effect as if such successor corporation or Person had been named as the Guarantor herein, and thereafter thereafter, except in the case of a lease, the predecessor corporation shall be relieved of all obligations and covenants under this Subordinated Indenture and the GuaranteesSecurities.

Appears in 2 contracts

Samples: Indenture (Prudential Funding (Asia) PLC), Prudential Funding

Successor Corporation Substituted for Guarantor. Upon any consolidation with consolidation, combination or merger into any other corporation, or any conveyance or transfer of all or substantially all of the properties and assets of the any Guarantor substantially as an entirety in accordance with Section 10.035.03, in which such Guarantor is not the continuing corporation, the successor corporation Person formed by such consolidation or into which the such Guarantor is merged or the successor Person to which such conveyance conveyance, lease or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the such Guarantor under this Indenture with the same effect as if such successor had surviving entity has been named as the Guarantor hereinsuch, and thereafter the predecessor corporation company, in the case of a conveyance, transfer or lease, shall be relieved released from the obligation to pay the principal of all obligations and covenants under this Indenture and interest of the Guarantees.Securities. ARTICLE SIX

Appears in 2 contracts

Samples: Indenture (Bway Corp), Bway Corp

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Successor Corporation Substituted for Guarantor. Upon any consolidation with consolidation, combination or merger into any other corporation, or any conveyance or transfer of all or substantially all of the properties and assets of the any Guarantor substantially as an entirety in accordance with Section 10.035.03, in which such Guarantor is not the continuing corporation, the successor corporation Person formed by such consolidation or into which the such Guarantor is merged or the successor Person to which such conveyance conveyance, lease or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the such Guarantor under this Indenture with the same effect as if such successor surviving entity had been named as the Guarantor hereinsuch, and thereafter the predecessor corporation company, other than in the case of a conveyance, transfer or lease, shall be relieved released from the obligation to pay the principal of all obligations and covenants under this Indenture and interest on the GuaranteesNotes.

Appears in 1 contract

Samples: Express Scripts Inc

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