Common use of Successor Corporation to Be Substituted Clause in Contracts

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale, conveyance (other than by way of lease), transfer or other disposition, and upon any such assumption by the successor corporation or Person, such successor corporation or Person shall succeed to and be substituted for the Company with the same effect as if it had been named herein as the Company and the Company shall be relieved of any further obligation under this Indenture and under the Debt Securities. Such successor corporation or Person thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, any or all of the Debt Securities which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation or Person, instead of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee or the Authenticating Agent shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Debt Securities, which such successor corporation or Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof.

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale, conveyance (other than by way of lease), transfer or other disposition, lease and upon any such the assumption by the successor corporation or Personcorporation, by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of the due and punctual payment of the principal of and interest on all of the Securities and the due and punctual performance of all of the covenants and conditions of this Indenture to be performed by the Company, such successor corporation or Person shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Company and party of the Company shall be relieved of any further obligation under this Indenture and under the Debt Securitiesfirst part. Such successor corporation or Person thereupon may cause to be signed, signed and may issue either in its own name or in the name of the Company, Georgia-Pacific Corporation any or all of the Debt Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation or Person, instead of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee Trustee, or the an Authenticating Agent on behalf of the Trustee, shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Debt Securities, Securities which such successor corporation or Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale, conveyance or lease, such changes in phraseology and form (but not in substance) may be made in the Securities thereafter to be issued as may be appropriate.

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale, sale or conveyance (other than by way of lease), transfer or other disposition, and upon any such the assumption by the successor corporation corporation, 51 in the manner hereinabove provided, of the due and punctual payment of the principal or Personpremium, if any, and interest on all of the Securities and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed or observed by the Company, such successor corporation or Person shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Company and party of the Company shall be relieved of any further obligation under this Indenture and under the Debt Securitiesfirst part. Such successor corporation or Person thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanySouthwest Airlines Co., any or all of the Debt Securities which issuable hereunder that theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation or Person, (instead of the Company Company) and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee or the Authenticating Agent shall authenticate and shall deliver any Debt Securities which that previously shall have been signed and delivered by the officers of the Company to the Trustee for of authentication, and any Debt Securities, which Securities that such successor corporation or Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof. In the event of any such sale or conveyance and upon any such assumption, the Company or any successor corporation which shall theretofore have become such in the manner described in this Article Ten shall be discharged from all obligations and covenants under this Indenture and the Securities so assumed and may be liquidated and dissolved. In case of any such consolidation, merger, sale 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.

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale, conveyance (other than by way of lease), transfer sale or other dispositionconveyance, and upon any such assumption by the successor corporation or Personcorporation, such successor corporation or Person shall succeed to and be substituted for the Company Issuer, with the same effect as if it had been named herein as the Company and the Company shall be relieved of any further obligation under this Indenture and under the Debt SecuritiesIssuer. Such successor corporation or Person thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, X.X. Xxxxxx Xxxxx & Co. any or all of the Debt Securities issuable hereunder, together with any Coupons appertaining thereto, which theretofore shall not have been signed by the Company Issuer and delivered to the Trustee; and, upon the order of such successor corporation or Person, instead of the Company Issuer and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee or the Authenticating Agent shall authenticate and shall deliver any Debt Securities Securities, together with any Coupons appertaining thereto, which previously shall have been signed and delivered by the officers of the Company Issuer to the Trustee for authentication, and any Debt Securities, together with any Coupons appertaining thereto, which such successor corporation or Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All of the Debt Securities so issued issued, together with any Coupons appertaining thereto shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities and Coupons theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities and Coupons had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale or conveyance such changes in phraseology and form (but not in substance) may be made in the Securities and Coupons thereafter to be issued as may be appropriate. In the event of any such sale or conveyance the Issuer or any successor corporation which shall theretofore have become such in the manner described in this Article shall be discharged from all obligations and covenants under this Indenture and the Securities and may be liquidated and dissolved.

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale, conveyance (other than by way of lease), transfer or other disposition, lease referred to in Section 11.01 and upon any such the assumption by the successor corporation or Personentity, by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of the due and punctual payment of the principal of and interest on all of the Securities and the due and punctual performance of all of the covenants and conditions of this Indenture to be performed by the Company, such successor corporation or Person entity shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Company and the Company shall be relieved of any further obligation under this Indenture and under the Debt Securitiesa party. Such successor corporation or Person entity thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, Illinois Tool Works Inc. any or all of the Debt Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation or Person, entity instead of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee or the Authenticating Agent shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Debt Securities, Securities which such successor corporation or Person entity thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof.. In the event of

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale, conveyance (other than by way of lease), transfer consolidation or other disposition, merger referred to in Section 11.01 and upon any such the assumption by the successor corporation or Person, by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of the due and punctual payment of the principal of and interest on all of the Securities and the due and punctual performance of all of the covenants and conditions of this Indenture to be performed by the Company, such successor corporation or Person shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Company and the Company shall be relieved of any further obligation under this Indenture and under the Debt Securitiesa party. Such successor corporation or Person thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, Xxxxxxx Corporation any or all of the Debt Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation or Person, Person instead of the Company and subject to all the terms, conditions and or limitations in this Indenture prescribed, the Trustee or the Authenticating Agent shall authenticate and shall deliver any Debt Securities which previously shall should have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Debt Securities, Securities which such successor corporation or Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation or merger referred to in Section 11.01, such changes in phraseology and form (but not in substance) may be made in the Securities thereafter to be issued as may be appropriate. (h) Section 11.03 of the Indenture is hereby amended and restated in its entirety as follows:

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale, conveyance (other than by way of lease), transfer consolidation or other disposition, merger referred to in Section 11.01 and upon any such the assumption by the successor corporation or Person, by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of the due and punctual payment of the principal of and interest on all of the Securities and the due and punctual performance of all of the covenants and conditions of this Indenture to be performed by the Company, such successor corporation or Person shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Company and the Company shall be relieved of any further obligation under this Indenture and under the Debt Securitiesa party. Such successor corporation or Person thereupon may cause to be signed, and may issue either in its own name or in the name of the CompanyPepsiAmericas, Inc. any or all of the Debt Securities issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trustee; and, upon the order of such successor corporation or Person, Person instead of the Company and subject to all the terms, conditions and or limitations in this Indenture prescribed, the Trustee or the Authenticating Agent shall authenticate and shall deliver any Debt Securities which previously shall should have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Debt Securities, Securities which such successor corporation or Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation or merger referred to in Section 11.01, such changes in phraseology and form (but not in substance) may be made in the Securities thereafter to be issued as may be appropriate. (h) Section 11.03 of the Indenture is hereby amended and restated in its entirety as follows:

Successor Corporation to Be Substituted. In case of any such consolidation, merger, sale, conveyance (other than by way of lease), transfer or other disposition, lease and upon any such the assumption by the successor corporation or Personcorporation, by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of the due and punctual payment of the principal of and premium, if any, and interest on all of the Debentures and the due and punctual performance of all of the covenants and conditions of this Indenture to be performed by the Company, such successor corporation or Person shall succeed to and be substituted for the Company Company, with the same effect as if it had been named herein as the Company and party of the Company shall be relieved of any further obligation under this Indenture and under the Debt Securitiesfirst part. Such successor corporation or Person thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, Preston Corporation any or all of the Debt Securities Debentures issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trusteetrustee; and, and upon the order of such successor corporation or Person, instead of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee or the Authenticating Agent shall authenticate and shall deliver any Debt Securities Debentures which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Debt Securities, Debentures which such successor corporation or Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities Debentures so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities Debentures theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities Debentures had been issued at the date of the execution hereof.execution

Successor Corporation to Be Substituted. In case of Upon any such consolidation, merger, amalgamation, sale, conveyance assignment, conveyance, transfer, assignment, disposition or lease of all or substantially all of the assets of the Company or any other Company Indenture Party in accordance with Section 14.01 or clause (other than by way y) of lease)Section 14.02, transfer the Successor Company or other dispositionthe Successor Company Indenture Party, and upon any such assumption by as the successor corporation or Personcase may be, such successor corporation or Person shall will succeed to to, and be substituted for for, and may exercise every right and power of, the Company or a Company Indenture Party, as the case may be, under the Indenture, the Notes, the Indenture Documents and the Subsidiary Guarantees with the same effect as if it such surviving Person had been named herein as the Company or a Company Indenture Party, as the case may be, in this Indenture, the Notes, the Indenture Documents and the Subsidiary Guarantees; and, thereafter, except in the case of a lease of all or substantially all its assets, the predecessor Company or Company Indenture Party, as the case may be, shall be relieved discharged and be released from all obligations and covenants under the Indenture Documents. The Trustee and the Collateral Trustee shall enter into a supplemental indenture or amendment to an Indenture Document to evidence the succession of any further obligation under such successor and such discharge and release, upon receipt of an Officers’ Certificate and an Opinion of Counsel stating that such succession and discharge and release and such supplemental indenture or amendment comply with this Indenture and under the Debt Securities. Such successor corporation such supplemental indenture or Person thereupon may cause to be signedamendment have been duly authorized, executed and may issue either in its own name or in the name delivered and constitute a valid and legally binding and enforceable obligations of the CompanySuccessor Company or the Successor Company Indenture Party, any or all of the Debt Securities which theretofore shall not have been signed by the Company and delivered to the Trustee; andas applicable, upon the order of such successor corporation or Person, instead of the Company and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee or the Authenticating Agent shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by the officers of the Company to the Trustee for authentication, and any Debt Securities, which such successor corporation or Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereofcustomary exceptions.

Successor Corporation to Be Substituted. In case of any such consolidation, merger, salesale or conveyance, conveyance (other than a conveyance by way of lease), transfer or other disposition, and upon any such assumption by the successor corporation or Personcorporation, such successor corporation or Person shall succeed to and be substituted for the Company Issuer, with the same effect as if it had been named herein as the Company Issuer, and the Company Issuer shall thereupon be relieved of any further obligation under this Indenture released from all obligations hereunder and under the Debt SecuritiesSecurities and the Issuer as the predecessor corporation may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor corporation or Person thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, J. P. Morgan & Co. Incorporated any or all of the Debt Securities issuaxxx xxxxxxxxr which theretofore shall not have been signed by the Company Issuer and delivered to the Trustee; and, upon the order of such successor corporation or Person, instead of the Company Issuer and subject to all the terms, conditions and limitations in this Indenture prescribed, the Trustee or the Authenticating Agent shall authenticate and shall deliver any Debt Securities which previously shall have been signed and delivered by the officers of the Company Issuer to the Trustee for authentication, and any Debt Securities, Securities which such successor corporation or Person thereafter shall cause to be signed and delivered to the Trustee for that purpose. All of the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debt Securities had been issued at the date of the execution hereof. In case of any such consolidation, merger, sale 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.