Common use of Successor Issuer Substituted Clause in Contracts

Successor Issuer Substituted. Upon any consolidation of the Issuer with or merger of the Issuer with or into any other Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of the Issuer to any Person or Persons in accordance with Section 803, the successor Person formed by such consolidation or into which the Issuer 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, the Issuer under this Indenture with the same effect as if such successor Person had been named as the Issuer herein, and the predecessor Issuer (which term shall for this purpose mean the Person named as the “Issuer” in the first paragraph of this Indenture or any successor Person which shall have become such in the manner described in Section 803), except in the case of a lease, shall be released from all its obligations and covenants under this Indenture and the Securities and may be dissolved and liquidated.

Appears in 14 contracts

Samples: Supplemental Indenture (Level 3 Communications Inc), Supplemental Indenture (Level 3 Communications Inc), Supplemental Indenture (Level 3 Communications Inc)

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Successor Issuer Substituted. Upon any consolidation of the Issuer with with, or merger of the Issuer with or into into, any other Person or any transferconveyance, sale, lease, conveyance transfer or other disposition lease of all or substantially all the properties and assets of the Issuer to any Person or Persons substantially as an entirety in accordance with Section 8039.01, the successor Person formed by such consolidation or into which the Issuer is merged or to which such transferconveyance, sale, lease, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such successor Person had been named as the Issuer herein, and the predecessor Issuer (which term shall for this purpose mean the Person named as the “Issuer” in the first paragraph of this Indenture or any successor Person which shall have become such in the manner described in Section 803)thereafter, except in the case of a lease, the predecessor Person shall be released from relieved of all its obligations and covenants under this Indenture and the Securities Securities. In case of any such consolidation, merger, sale, lease or conveyance, such changes in phraseology and form (but not in substance) may be dissolved and liquidatedmade in the Securities thereafter to be issued as may be appropriate.

Appears in 13 contracts

Samples: Indenture (Par Technology Corp), Indenture (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.)

Successor Issuer Substituted. Upon any consolidation of the Issuer with or merger of the Issuer with or into any other Person person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of the Issuer to any Person person or Persons persons in accordance with Section 8037.03, the successor Person person formed by such consolidation or into which the Issuer 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, the Issuer under this Indenture with the same effect as if such successor Person person had been named as the Issuer herein, and the predecessor Issuer (which term shall for this purpose mean the Person person named as the “Issuer” in the first paragraph of this Indenture or any successor Person person which shall have become such in the manner described in Section 8037.03), except in the case of a lease, shall be released from all its obligations and covenants under this Indenture Indenture, the Securities, and the Securities other Note Documents to which it is a party and may be dissolved and liquidated.

Appears in 8 contracts

Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)

Successor Issuer Substituted. Upon any consolidation of the Issuer with or merger of the Issuer with or into any other Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of the Issuer to any Person or Persons in accordance with Section 803703, the successor Person formed by such consolidation or into which the Issuer 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, the Issuer under this Indenture with the same effect as if such successor Person had been named as the Issuer herein, and the predecessor Issuer (which term shall for this purpose mean the Person named as the “Issuer” in the first paragraph of this Indenture or any successor Person which shall have become such in the manner described in Section 803703), except in the case of a lease, shall be released from all its obligations and covenants under this Indenture Indenture, the Securities, and the Securities other Note Documents to which it is a party and may be dissolved and liquidated.

Appears in 3 contracts

Samples: Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC)

Successor Issuer Substituted. Upon any consolidation of the Issuer with or merger of the Issuer with or into any other Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of the Issuer to any Person or Persons in accordance with Section 803801, the successor Person formed by such consolidation or into which the Issuer 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, the Issuer under this Indenture with the same effect as if such successor Person had been named as the Issuer herein, and the predecessor Issuer (which term shall for this purpose mean the Person named as the “Issuer” in the first paragraph of this Indenture or any successor Person which shall have become such in the manner described in Section 803801), except in the case of a lease, shall be released from all its obligations and covenants under this Indenture and the Securities and may be dissolved and liquidated.

Appears in 2 contracts

Samples: Supplemental Indenture (Level 3 Communications Inc), Supplemental Indenture (Level 3 Communications Inc)

Successor Issuer Substituted. Upon any consolidation of the Issuer with or merger of the Issuer with or into any other Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of the Issuer to any Person or Persons in accordance with Section 803703, the successor Person formed by such consolidation or into which the Issuer 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, the Issuer under this Indenture with the same effect as if such successor Person had been named as the Issuer herein, and the predecessor Issuer (which term shall for this purpose mean the Person named as the “Issuer” in the first paragraph of this Indenture or any successor Person which shall have become such in the manner described in Section 803703), except in the case of a lease, shall be released from all its obligations and covenants under this Indenture and the Securities and may be dissolved and liquidated.

Appears in 2 contracts

Samples: Agreement (Level 3 Parent, LLC), Agreement (Level 3 Parent, LLC)

Successor Issuer Substituted. Upon any consolidation of the Issuer with or merger of the Issuer with or into any other Person person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of the Issuer to any Person person or Persons persons in accordance with Section 8037.03, the successor Person person formed by such consolidation or into which the Issuer 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, the Issuer under this Indenture with the same effect as if such successor Person person had been named as the Issuer herein, and the predecessor Issuer (which term shall for this purpose mean the Person person named as the “Issuer” in the first paragraph of this Indenture or any successor Person person which shall have become such in the manner described in Section 8037.03), except in the case of a lease, shall be released from all its obligations and covenants under this Indenture Indenture, the Notes, and the Securities other Note Documents to which it is a party and may be dissolved and liquidated.

Appears in 2 contracts

Samples: Collateral Agreement (Qwest Corp), Collateral Agreement (Qwest Corp)

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Successor Issuer Substituted. Upon any consolidation of the Issuer with or merger of the Issuer with or into any other Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of the Issuer to any Person or Persons in accordance with Section 803703, the successor Person formed by such consolidation or into which the Issuer 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, the Issuer under this Indenture with the same effect as if such successor Person had been named as the Issuer herein, and the predecessor Issuer (which term shall for this purpose mean the Person named as the “Issuer” in the first paragraph of this Indenture or any successor Person which shall have become such in the manner described in Section 803703), except in the case of a lease, shall be released from all its obligations and covenants under this Indenture Indenture, the Notes, and the Securities other Note Documents to which it is a party and may be dissolved and liquidated.

Appears in 1 contract

Samples: Indenture (Centurylink, Inc)

Successor Issuer Substituted. Upon any consolidation of the Issuer with with, or merger of the Issuer with or into with, any other Person or any transfer, sale, leaseconveyance, conveyance transfer or other disposition lease of all or substantially all of the assets of the Issuer to any Person or Persons in accordance with Section 8039.01, the successor Person formed by such consolidation or into with which the Issuer is merged or to which such transfer, sale, leaseconveyance, conveyance transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer under this Indenture with the same effect as if such successor Person had been named as the Issuer herein, and the predecessor Issuer (which term shall for this purpose mean the Person named as the “Issuer” in the first paragraph of this Indenture or any successor Person which shall have become such in the manner described in Section 803)thereafter, except in the case of a lease, the predecessor Person shall be released from relieved of all its obligations and covenants under this Indenture and the Securities Securities. In case of any such consolidation, merger, sale, lease or conveyance, such changes in phraseology and form (but not in substance) may be dissolved and liquidatedmade in the Securities thereafter to be issued as may be appropriate.

Appears in 1 contract

Samples: Indenture (Idex Corp /De/)

Successor Issuer Substituted. Upon any consolidation of the Issuer with or merger of the Issuer with or into any other Person or any transfer, sale, lease, conveyance or other disposition of all or substantially all the assets of the Issuer to any Person or Persons in accordance with Section 803, the successor Person formed by such consolidation or into which the Issuer 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, the Issuer under this Indenture with the same effect as if such successor Person had been named as the Issuer herein, and the predecessor Issuer (which term shall for this purpose mean the Person named as the "Issuer" in the first paragraph of this Indenture or any successor Person which shall have become such in the manner described in Section 803), except in the case of a lease, shall be released from all its obligations and covenants under this Indenture and the Securities and may be dissolved and liquidated.

Appears in 1 contract

Samples: Level 3 Communications Inc

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