Successor Guarantor Substituted. Upon any consolidation of the Guarantor with, or merger of the Guarantor into, any other Person or any transfer, conveyance, sale, lease or other disposition of all or substantially all of the assets of the Guarantor in accordance with Section 803, the Successor Guarantor shall succeed to, and be substituted for, and may exercise every right and power of, the Guarantor under this Indenture with the same effect as if such successor Person had been named as the Guarantor herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Guarantee. ARTICLE NINE
Appears in 2 contracts
Samples: Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De)
Successor Guarantor Substituted. Upon any consolidation of the Guarantor with, or merger of the Guarantor into, any other Person or any transfer, conveyance, sale, lease or other disposition of all or substantially all of the assets of the Guarantor in accordance with Section 803, the Successor Guarantor shall succeed to, and be substituted for, and may exercise every right and power of, the Guarantor under this Indenture with the same effect as if such successor Person had been named as the Guarantor herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Guarantee. ARTICLE NINE.
Appears in 2 contracts
Samples: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De)