Common use of Successor Guarantor Substituted Clause in Contracts

Successor Guarantor Substituted. In the event that a Guarantor (the “Predecessor Guarantor”) is merged or consolidated with another Person (other than the Company or another Guarantor) in a transaction where such other Person is the surviving entity (the “Successor Guarantor”) and the Successor Guarantor is a guarantor under the Senior Credit Facility and/or the Senior Term Credit Facility, the Company shall cause the Successor Guarantor to promptly, by an indenture supplemental hereto complying with the provisions of Section 8.1, executed and delivered to the Trustee, expressly assume the obligations of the Predecessor Guarantor, just as fully and effectually as if such Successor Guarantor had been an original party hereto. Thereafter, all obligations of the Predecessor Guarantor with respect to the Notes shall terminate. Every such Successor Guarantor, upon executing an indenture supplemental hereto as provided in this Section 7.3 in form satisfactory to the Trustee, shall succeed to and be substituted for the Predecessor Guarantor with the same effect as if it had been named herein as a Guarantor; and any order, certificate or resolution of the Board or officers of a Guarantor provided for in this Indenture may be made by like officials of such Successor Guarantor. In the event that the Predecessor Guarantor is merged or consolidated with another Person (other than the Company or another Guarantor) in a transaction where such other Person is the surviving entity and the Successor Guarantor is not a guarantor under the Senior Credit Facility or the Senior Term Credit Facility and the Company delivers an Officers’ Certificate to the Trustee to that effect, then the Successor Guarantor shall be released from any obligations under the Guarantee of the Notes of the Predecessor Guarantor.

Successor Guarantor Substituted. In the event that a Guarantor (the “Predecessor Guarantor”) is merged or consolidated with another Person (other than the Company or another Guarantor) in a transaction where such other Person is the surviving entity (the “Successor Guarantor”) and the Successor Guarantor is a guarantor under the Senior Credit Facility, the 2018 Senior Term Credit Facility and/or the 2019 Senior Term Credit Facility, the Company shall cause the Successor Guarantor to promptly, by an indenture supplemental hereto complying with the provisions of Section 8.1, executed and delivered to the Trustee, expressly assume the obligations of the Predecessor Guarantor, just as fully and effectually as if such Successor Guarantor had been an original party hereto. Thereafter, all obligations of the Predecessor Guarantor with respect to the Notes shall terminate. Every such Successor Guarantor, upon executing an indenture supplemental hereto as provided in this Section 7.3 in form satisfactory to the Trustee, shall succeed to and be substituted for the Predecessor Guarantor with the same effect as if it had been named herein as a Guarantor; and any order, certificate or resolution of the Board or officers of a Guarantor provided for in this Indenture may be made by like officials of such Successor Guarantor. In the event that the Predecessor Guarantor is merged or consolidated with another Person (other than the Company or another Guarantor) in a transaction where such other Person is the surviving entity and the Successor Guarantor is not a guarantor under the Senior Credit Facility, the 2018 Senior Term Credit Facility or the 2019 Senior Term Credit Facility and the Company delivers an Officers’ Certificate to the Trustee to that effect, then the Successor Guarantor shall be released from any obligations under the Guarantee of the Notes of the Predecessor Guarantor.