Successor Entity to be Substituted. In case of any such consolidation, merger, sale, conveyance, transfer or other disposition and upon the assumption by the successor entity, 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 and observance of all of the covenants and conditions of this Indenture to be performed or observed by the Company, such successor entity shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the Company, and thereupon the predecessor entity shall be relieved of any further liability or obligation hereunder or upon the Debentures. Such successor entity thereupon may cause to be signed, and may issue in its own name, any or all of the Debentures issuable hereunder which theretofore shall not have been signed by the Company and delivered to the Trustee or the Authenticating Agent; and, upon the order of such successor 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 deliver any Debentures which previously shall have been signed and delivered by the officers of the Company, to the Trustee or the Authenticating Agent for authentication, and any Debentures which such successor entity thereafter shall cause to be signed and delivered to the Trustee or the Authenticating Agent for that purpose. All the Debentures so issued shall in all respects have the same legal rank and benefit under this Indenture as the Debentures theretofore or thereafter issued in accordance with the terms of this Indenture as though all of such Debentures had been issued at the date of the execution hereof.
Successor Entity to be Substituted. (a) In the case of any consolidation, merger, sale, conveyance or lease referred to in Section 8.l and upon the assumption by the successor entity, by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of, in the case of Section 8.1(a) the due and punctual payment of the principal of and interest, if any, 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 Issuer or, in the case of Section 8.1(b), the due and punctual performance of all covenants and conditions of this Indenture be performed by the Guarantor and under the Guaranty, such successor entity shall succeed to and be substituted for the Issuer or the Guarantor, as applicable, with the same effect as if it had been named herein as the party of the first part. 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 or in the Guaranty endorsed thereon as may be appropriate.
Successor Entity to be Substituted. In case of any such consolidation, merger, sale, conveyance (excluding any pledge) or lease and upon the assumption by the successor 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 premium, if any, and interest on all of the Debt Securities and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to performed or observed by the Company, such successor Person shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the party of the first part, and (except in the event of a conveyance by way of lease) the predecessor Person shall be relieved of any further obligation under this Indenture and the Debt Securities. 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 Debt Securities thereafter to be issued as may be appropriate.
Successor Entity to be Substituted. In case of any such consolidation, merger, sale, conveyance, transfer or other disposition contemplated in Section 11.1 and upon the assumption by the successor entity of the due and punctual payment of the principal of and premium, if any, and interest on all of the Debt Securities and the due and punctual performance and observance of all of the covenants and conditions of this Securityholders Agreement to be performed or observed by the Company, such successor entity shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the Company, and thereupon the predecessor entity shall be relieved of any further liability or obligation hereunder or upon the Debt Securities. Such successor entity 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 issuable hereunder which theretofore shall not have been signed by the Company. All the Debt Securities so issued shall in all respects have the same legal rank and benefit under this Securityholders Agreement as the Debt Securities theretofore or thereafter issued in accordance with the terms of this Securityholders Agreement as though all of such Debt Securities had been issued at the date of the execution hereof.
Successor Entity to be Substituted. 60 ARTICLE 12 Immunity of Incorporators, Stockholders, Officers and Directors Section 12.01 . Indenture and Notes Solely Corporate Obligations 61 ARTICLE 13 [Intentionally Omitted] ARTICLE 14 Conversion of Notes
Successor Entity to be Substituted. (a) In case of any consolidation, merger, sale, conveyance or lease referred to in Section 8.l and upon the assumption by the successor entity, by supplemental indenture, executed and delivered to the Trustee and satisfactory in form to the Trustee, of in the case of Section 8.1 the due and punctual payment of the principal of and interest, if any, 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 Issuer such successor entity shall succeed to and be substituted for the Issuer with the same effect as if it had been named herein as the party of the first part. 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.
Successor Entity to be Substituted. 49 In case of any such amalgamation, consolidation, merger, conveyance, transfer or lease, such changes in phraseology and 49 Section 11.03. Opinion of Counsel to Be Given to Trustee 50 ARTICLE 12 IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS 50 Section 12.01. Indenture and Notes Solely Corporate Obligations 50 ARTICLE 13 [RESERVED] 50 ARTICLE 14 EXCHANGE OF NOTES 50 Section 14.01. Right to Exchange 50 Section 14.02. Exchange Procedure 53 Section 14.03. Settlement Upon Exchange 56 Section 14.04. Adjustment of Exchange Rate 58 Section 14.05. Discretionary and Voluntary Adjustments 66 Section 14.06. Increased Exchange Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes or Notices of Redemption 66 Section 14.07. Effect of Recapitalizations, Reclassifications and Changes of the Common Shares 69 Section 14.08. Certain Covenants 71 Section 14.09. Responsibility of Trustee 72 Section 14.10. Poison Pill 72 Section 14.11. Ownership Limit 72 Section 14.12. Deferral of Adjustments 72 Section 14.13. Limitation on Adjustments 73 Section 14.14. Notice to Holders 73
Successor Entity to be Substituted. In case of any consolidation or merger of the Company or the sale or conveyance of its assets contemplated by Section 13.01 and upon the assumption by the successor entity, in the manner herein provided, of the due and punctual payment of the principal of and interest on all of the Notes and the due and punctual performance and observance of all of the covenants and conditions of this Agreement to be performed or observed by the Company, the successor entity shall succeed to and be substituted for the Company, with the same effect as if it had been named herein as the issuer of the Notes.
Successor Entity to be Substituted. In case of any such consolidation, merger, sale, conveyance or lease and upon the assumption by the successor 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 premium, if any, and interest on all of the Notes and the due and punctual performance and observance of all of the covenants and 51 28819972
