Common use of Successor Guarantor Substituted Clause in Contracts

Successor Guarantor Substituted. Upon any consolidation of a Guarantor with or merger of a Guarantor with or into any other person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of a Guarantor to any person or persons in accordance with Section 7.05, the successor person formed by such consolidation or into which such Guarantor is merged or to which such transfer, sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, such Guarantor under this Indenture with the same effect as if such successor person had been named as a Guarantor herein, and the predecessor Guarantor (which term shall for this purpose mean the person named as the “New Guarantor” in the first paragraph of the applicable supplemental indenture or any successor person which shall have become such in the manner described in Section 7.05), except in the case of a lease, shall be released from all its obligations and covenants under its Note Guarantee, the Securities and the other Note Documents to which it is a party and may be dissolved and liquidated.

Successor Guarantor Substituted. Upon any consolidation of a Guarantor with or merger of a Guarantor with or into any other person Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of a Guarantor to any person Person or persons Persons in accordance with Section 7.05803, the successor person Person formed by such consolidation or into which such Guarantor is merged or to which such transfer, sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, such Guarantor under this Indenture with the same effect as if such successor person Person had been named as a Guarantor herein, and the predecessor Guarantor (which term shall for this purpose mean the person Person named as the “"New Guarantor” " in the first paragraph of the applicable supplemental indenture or any successor person Person which shall have become such in the manner described in Section 7.05803), except in the case of a lease, shall be released from all its obligations and covenants under its Note Guarantee, Restricted Subsidiary Guarantee and the Securities and the other Note Documents to which it is a party and may be dissolved and liquidated.. ARTICLE NINE

Successor Guarantor Substituted. Upon any consolidation of a Guarantor with or merger of a Guarantor with or into any other person Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of a Guarantor to any person Person or persons Persons in accordance with Section 7.05705, the successor person Person formed by such consolidation or into which such Guarantor is merged or to which such transfer, sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, such Guarantor under this Indenture with the same effect as if such successor person Person had been named as a Guarantor herein, and the predecessor Guarantor (which term shall for this purpose mean the person Person named as the “New Guarantor” in the first paragraph of the applicable supplemental indenture or any successor person Person which shall have become such in the manner described in Section 7.05705), except in the case of a lease, shall be released from all its obligations and covenants under its Note Guarantee, Guarantee and the Securities and the other Note Documents to which it is a party and may be dissolved and liquidated.

Successor Guarantor Substituted. Upon any consolidation of a Guarantor with or merger of a Guarantor with or into any other person Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of a Guarantor to any person Person or persons Persons in accordance with Section 7.05705, the successor person Person formed by such consolidation or into which such Guarantor is merged or to which such transfer, sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, such Guarantor under this Indenture with the same effect as if such successor person Person had been named as a Guarantor herein, and the predecessor Guarantor (which term shall for this purpose mean the person Person named as the “New Guarantor” in the first paragraph of the applicable supplemental indenture or any successor person Person which shall have become such in the manner described in Section 7.05705), except in the case of a lease, shall be released from all its obligations and covenants under its Note Guarantee, the Securities and the other Note Documents to which it is a party and may be dissolved and liquidated.

Successor Guarantor Substituted. Upon any consolidation of a Guarantor with or merger of a Guarantor with or into any other person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of a Guarantor to any person or persons in accordance with Section 7.05, the successor person formed by such consolidation or into which such Guarantor is merged or to which such transfer, sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, such Guarantor under this Indenture with the same effect as if such successor person had been named as a Guarantor herein, and the predecessor Guarantor (which term shall for this purpose mean the person named as the “New Guarantor” in the first paragraph of the applicable supplemental indenture or any successor person which shall have become such in the manner described in Section 7.05), except in the case of a lease, shall be released from all its obligations and covenants under its Note Guarantee, the Securities Notes and the other Note Documents to which it is a party and may be dissolved and liquidated.

Successor Guarantor Substituted. Upon any consolidation of a Guarantor with or merger of a Guarantor with or into any other person Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of a Guarantor to any person Person or persons Persons in accordance with Section 7.05803, the successor person Person formed by such consolidation or into which such Guarantor is merged or to which such transfer, sale, lease, conveyance or other disposition is made (other than any such transaction made in accordance with Section 803(2)(B)) shall succeed to, and be substituted for, and may exercise every right and power of, such Guarantor under this Indenture with the same effect as if such successor person Person had been named as a Guarantor herein, and the predecessor Guarantor (which term shall for this purpose mean the person Person named as the “New Guarantor” in the first paragraph of the applicable supplemental indenture or any successor person Person which shall have become such in the manner described in Section 7.05803), except in the case of a lease, shall be released from all its obligations and covenants under its Note Guarantee, Guarantee and the Securities and the other Note Documents to which it is a party and may be dissolved and liquidated.. ARTICLE NINE

Successor Guarantor Substituted. Upon any consolidation of a Guarantor with or merger of a Guarantor with or into any other person Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of a Guarantor to any person Person or persons Persons in accordance with Section 7.05803, the successor person Person formed by such consolidation or into which such Guarantor is merged or to which such transfer, sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, such Guarantor under this Indenture with the same effect as if such successor person Person had been named as a Guarantor herein, and the predecessor Guarantor (which term shall for this purpose mean the person Person named as the “"New Guarantor” " in the first paragraph of the applicable supplemental indenture or any successor person Person which shall have become such in the manner described in Section 7.05803), except in the case of a lease, shall be released from all its obligations and covenants under its Note Guarantee, Restricted Subsidiary Guarantee and the Securities and the other Note Documents to which it is a party and may be dissolved and liquidated.

Successor Guarantor Substituted. Upon any consolidation of a Guarantor with or merger of a Guarantor with or into any other person Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of a Guarantor to any person Person or persons Persons in accordance with Section 7.05803, the successor person Person formed by such consolidation or into which such Guarantor is merged or to which such transfer, sale, lease, conveyance or other disposition is made (other than any such transaction made in accordance with Section 803(2)(B)) shall succeed to, and be substituted for, and may exercise every right and power of, such Guarantor under this Indenture with the same effect as if such successor person Person had been named as a Guarantor herein, and the predecessor Guarantor (which term shall for this purpose mean the person Person named as the “New Guarantor” in the first paragraph of the applicable supplemental indenture or any successor person Person which shall have become such in the manner described in Section 7.05803), except in the case of a lease, shall be released from all its obligations and covenants under its Note Guarantee, Guarantee and the Securities and the other Note Documents to which it is a party and may be dissolved and liquidated.. ARTICLE NINE SUPPLEMENTAL INDENTURES

Successor Guarantor Substituted. Upon any consolidation of a Guarantor with or merger of a Guarantor with or into any other person Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of a Guarantor to any person Person or persons Persons in accordance with Section 7.05705, the successor person Person formed by such consolidation or into which such Guarantor is merged or to which such transfer, sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, such Guarantor under this Indenture with the same effect as if such successor person Person had been named as a Guarantor herein, and the predecessor Guarantor (which term shall for this purpose mean the person Person named as the “New Guarantor” in the first paragraph of the applicable supplemental indenture or any successor person Person which shall have become such in the manner described in Section 7.05705), except in the case of a lease, shall be released from all its obligations and covenants under its Note Guarantee, the Securities Notes and the other Note Documents to which it is a party and may be dissolved and liquidated.. ARTICLE EIGHT

Successor Guarantor Substituted. Upon any consolidation of a Guarantor with or merger of a Guarantor with or into any other person Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of a Guarantor to any person Person or persons Persons in accordance with Section 7.05805, the successor person Person formed by such consolidation or into which such Guarantor is merged or to which such transfer, sale, lease, conveyance or other disposition is made (other than any such transaction made in accordance with Section 8.05(2)(B)) shall succeed to, and be substituted for, and may exercise every right and power of, such Guarantor under this Indenture with the same effect as if such successor person Person had been named as a Guarantor herein, and the predecessor Guarantor (which term shall for this purpose mean the person Person named as the “"New Guarantor” " in the first paragraph of the applicable supplemental indenture or any successor person Person which shall have become such in the manner described in Section 7.05805), except in the case of a lease, shall be released from all its obligations and covenants under its Note Guarantee, Guarantee and the Securities and the other Note Documents to which it is a party and may be dissolved and liquidated.

Successor Guarantor Substituted. Upon any consolidation of a Guarantor with or merger of a Guarantor with or into any other person Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of a Guarantor to any person Person or persons Persons in accordance with Section 7.05803, the successor person Person formed by such consolidation or into which such Guarantor is merged or to which such transfer, sale, lease, conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, such Guarantor under this Indenture with the same effect as if such successor person Person had been named as a Guarantor herein, and the predecessor Guarantor (which term shall for this purpose mean the person Person named as the “"New Guarantor” " in the first paragraph of the applicable supplemental indenture or any successor person Person which shall have become such in the manner described in Section 7.05803), except in the case of a lease, shall be released from all its obligations and covenants under its Note Guarantee, Restricted Subsidiary Guarantee and the Securities and the other Note Documents to which it is a party and may be dissolved and liquidated.. 100 ARTICLE NINE