Common use of Successor Entities Clause in Contracts

Successor Entities. In the case of the consolidation, amalgamation, arrangement, merger or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to or with another entity (“successor entity”), the successor entity resulting from such consolidation, amalgamation, arrangement, merger or transfer (if not the Company) shall expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent acting reasonably and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Company. ARTICLE 9

Successor Entities. ‌ In the case of the consolidation, amalgamation, arrangement, merger or transfer of the undertaking or assets of the Company Corporation as an entirety or substantially as an entirety to or with another entity (“successor entity”), the successor entity resulting from such consolidation, amalgamation, arrangement, merger or transfer (if not the CompanyCorporation) shall be bound by the provisions hereof and expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent acting reasonably and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Company. ARTICLE 9Corporation.

Successor Entities. In Except in relation to the Amalgamation, in the case of the consolidation, amalgamation, arrangement, merger or transfer of the undertaking or assets of the Company Corporation as an entirety or substantially as an entirety to or with another entity (“successor entity”), the successor entity resulting from such consolidation, amalgamation, arrangement, merger or transfer (if not the CompanyCorporation) shall expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent acting reasonably and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the CompanyCorporation. ARTICLE 9For greater certainty, Section 1.8 shall apply to the Amalgamation.

Successor Entities. In the case of the consolidation, amalgamation, arrangement, merger or transfer of the undertaking or assets of the Company Corporation as an entirety or substantially as an entirety to or with another person, trust, corporation, partnership or similar entity (“a "successor entity”"), the successor entity resulting from such consolidation, amalgamation, arrangement, merger or transfer (if not the CompanyCorporation) shall expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent acting reasonably and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Company. ARTICLE 9Corporation.

Successor Entities. In Except in relation to the Transactions, in the case of the consolidation, amalgamation, arrangement, merger or transfer of the undertaking or assets of the Company Corporation as an entirety or substantially as an entirety to or with another entity (“successor entity”), the successor entity resulting from such consolidation, amalgamation, arrangement, merger or transfer (if not the CompanyCorporation) shall expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent acting reasonably and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the CompanyCorporation. ARTICLE 9For greater certainty, Section 1.8 shall apply to the Transactions.

Successor Entities. In the case of the consolidation, amalgamation, arrangement, binding share exchange, merger or transfer of the undertaking or assets of the Company Corporation as an entirety or substantially as an entirety to or with another entity (“successor entity”), the successor entity resulting from such consolidation, amalgamation, arrangement, binding share exchange, merger or transfer (if not the CompanyCorporation) shall expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent acting reasonably and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Company. ARTICLE 9Corporation.