Common use of Successor Issuer Substituted Clause in Contracts

Successor Issuer Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the properties or assets of an Issuer in which such Issuer is not the surviving entity, the successor Person formed by such consolidation or into or with which such Issuer is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, assignment, transfer, lease, conveyance or other disposition, the provisions of this Indenture referring to an “Issuer” shall refer instead to the successor Person and not to the predecessor Issuer), and may exercise every right and power of such Issuer under this Indenture with the same effect as if such successor Person had been named as the predecessor Issuer herein, and thereafter (except in the case of a lease of all or substantially all of such Issuer’s properties or assets), such Issuer will be relieved of all obligations and covenants under this Indenture and the Notes and, upon receipt of an Officers’ Certificate and an Opinion of Counsel, the Trustee shall enter into a supplemental indenture to evidence the succession and substitution of such successor and such discharge and relief of such predecessor Issuer.

Successor Issuer Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, leaseconveyance, conveyance lease or other disposition of all or substantially all of the properties or assets of an Issuer in which such Issuer a transaction that is not subject to, and that complies with the surviving entityprovisions of, Section 5.01 hereof, the successor Person formed by such consolidation or into or with which such Issuer is merged or to which such sale, assignment, transfer, leaseconveyance, conveyance lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, assignment, transfer, lease, conveyance or other disposition, the provisions of this Indenture referring to an “Issuer” shall refer instead to the successor Person and not to the predecessor Issuer), and may exercise every right and power of such Issuer under this Indenture with the same effect as if such successor Person had been named as the predecessor Issuer herein; provided, and thereafter (except however, that the predecessor Issuer shall not be relieved from the obligation to pay the principal of, premium on or interest on the Notes in the case of a lease of all or substantially all of such Issuer’s properties or assets)assets in a transaction that is subject to, such Issuer will be relieved of all obligations and covenants under this Indenture and that complies with the Notes andprovisions of, upon receipt of an Officers’ Certificate and an Opinion of Counsel, the Trustee shall enter into a supplemental indenture to evidence the succession and substitution of such successor and such discharge and relief of such predecessor IssuerSection 5.01 hereof.

Successor Issuer Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, leaseconveyance, conveyance lease or other disposition of all or substantially all of the properties or assets of an Issuer in accordance with the foregoing in which such Issuer is not the surviving entity, the successor surviving Person formed by such consolidation or into or with which such Issuer is merged or to which such sale, assignment, transfer, leaseconveyance, conveyance lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, assignment, transfer, leaseconveyance, conveyance lease or other disposition, the provisions of this Indenture referring to an “Issuer” shall refer instead to the successor Person and not to the predecessor Issuer), and may exercise every right and power of such Issuer under this Indenture with the same effect as if such successor surviving Person had been named as the predecessor Issuer herein, and thereafter (except in the case of a lease of all or substantially all of such Issuer’s properties or assets), such Issuer will be relieved of all obligations and covenants under this Indenture and the Notes and, upon receipt of an Officers’ Certificate and an Opinion of Counsel, the Trustee shall enter into a supplemental indenture to evidence the succession and substitution of such successor and such discharge and relief of such predecessor IssuerNotes.

Successor Issuer Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the properties or assets of an Issuer the Company in which such Issuer the Company is not the surviving entity, the successor Person formed by such consolidation or into or with which such Issuer the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, assignment, transfer, lease, conveyance or other disposition, the provisions of this Indenture referring to an the “IssuerCompany” shall refer instead to the successor Person and not to the predecessor Issuersuch predecessor), and may exercise every right and power of such Issuer the Company under this Indenture with the same effect as if such successor Person had been named as the predecessor Issuer herein, and thereafter (except in the case of a lease of all or substantially all of such Issuerthe Company’s properties or assets), such Issuer the Company will be relieved of all obligations and covenants under this Indenture and the Notes and, upon receipt of an Officers’ Certificate and an Opinion of Counsel, the Trustee shall enter into a supplemental indenture to evidence the succession and substitution of such successor and such discharge and relief of such predecessor Issuerpredecessor.

Successor Issuer Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, leaseconveyance, conveyance lease or other disposition of all or substantially all of the properties or assets of an Issuer in which such Issuer a transaction that is not subject to, and that complies with the surviving entityprovisions of, Section 5.01 hereof, the successor Person formed by such consolidation or into or with which such Issuer is merged or to which such sale, assignment, transfer, leaseconveyance, conveyance lease or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, assignment, transfer, lease, conveyance or other disposition, the provisions of this Indenture referring to an “Issuer” shall refer instead to the successor Person and not to the predecessor Issuer), and may exercise every right and power of such Issuer under this Indenture with the same effect as if such successor Person had been named as the predecessor Issuer herein; provided, and thereafter (except however, that the predecessor Issuer shall not be relieved from the obligation to pay the principal of, or premium or interest, if any, on, the Notes in the case of a lease of all or substantially all of such Issuer’s properties or assets)assets in a transaction that is subject to, such Issuer will be relieved of all obligations and covenants under this Indenture and that complies with the Notes andprovisions of, upon receipt of an Officers’ Certificate and an Opinion of Counsel, the Trustee shall enter into a supplemental indenture to evidence the succession and substitution of such successor and such discharge and relief of such predecessor IssuerSection 5.01 hereof.

Successor Issuer Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, leaseconveyance, conveyance lease or other disposition of all or substantially all of the properties or assets of an the Issuer in accordance with Section 5.01 in which such the Issuer is not the surviving entity, the successor Person formed by such consolidation or into or with which such the Issuer is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, assignment, transfer, lease, conveyance or other disposition, the provisions of this Indenture referring to an the “Issuer” shall refer instead to the successor Person and not to the predecessor Issuer), and may exercise every right and power of such the Issuer under this Indenture with the same effect as if such successor Person had been named as the predecessor Issuer herein, and thereafter (except in the case of a lease of all or substantially all of such the Issuer’s properties or assets), such the predecessor Issuer will be relieved of all obligations and covenants under this Indenture and the Notes and, upon receipt of an Officers’ Certificate and an Opinion of Counsel, the Trustee shall enter into a supplemental indenture to evidence the succession and substitution of such successor and such discharge and relief of such predecessor Issuer.