Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafter.
Appears in 44 contracts
Samples: Indenture (Armour Residential REIT, Inc.), Indenture (Armour Residential REIT, Inc.), Indenture (Cleanspark, Inc.)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and coupons and may be dissolved, wound up or liquidated at any time thereafter.dissolved and liquidated. ARTICLE NINE
Appears in 14 contracts
Samples: Indenture (Medallion Financial Corp), PennantPark Floating Rate Capital Ltd., Indenture (Medley LLC)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person entity formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.
Appears in 9 contracts
Samples: Apollo Debt Solutions BDC, HPS Corporate Lending Fund, CION Investment Corp
Successor Person Substituted. Upon any consolidation consolidation, amalgamation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person formed by such consolidation or amalgamation or into which the Company is merged or to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafter.
Appears in 7 contracts
Samples: Indenture (Digihost Technology Inc.), Indenture (Bitfarms LTD), HIVE Digital Technologies Ltd.
Successor Person Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or transfer of all or substantially all the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, and if required hereunder, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, lease, conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities Securities, and the Company may be dissolved, wound up or liquidated at any time thereafter.
Appears in 4 contracts
Samples: Indenture (Bath Iron Works Corp//), Indenture (General Dynamics Corp), Gulfstream Aerospace Corp
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person entity formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafter.dissolved and liquidated. ARTICLE NINE
Appears in 4 contracts
Samples: Indenture (CM Finance Inc), Indenture (FIDUS INVESTMENT Corp), Indenture (FS Investment CORP)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person entity formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.
Appears in 3 contracts
Samples: Indenture (Suro Capital Corp.), Indenture (GSV Capital Corp.), Indenture Agreement (TriplePoint Venture Growth BDC Corp.)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and coupons and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.”
Appears in 3 contracts
Samples: Indenture (Pennantpark Investment Corp), Fourth Supplemental Indenture (Pennantpark Investment Corp), Indenture (PennantPark Floating Rate Capital Ltd.)
Successor Person Substituted. (a) Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfertransfer (except by a lease), the Company as the predecessor shall be discharged from all its obligations and covenants under this Indenture and the Securities and coupons and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.
Appears in 3 contracts
Samples: Indenture (Molina Healthcare Inc), Indenture (Molina Healthcare Inc), Indenture (Clearone Communications Inc)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafter.dissolved and liquidated. ARTICLE NINE
Appears in 3 contracts
Samples: Indenture (THL Credit, Inc.), Horizon Technology Finance Corp, Golub Capital BDC, Inc.
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.
Appears in 2 contracts
Successor Person Substituted. Upon any consolidation or merger, or any conveyance conveyance, transfer or transfer lease of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance conveyance, transfer or transfer lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein. In herein and thereafter the predecessor Person shall be relieved of all obligations and covenants under this Indenture, the Notes and, in the event of any such conveyance consolidation, merger, conveyance, transfer or transferlease, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and Person may thereupon or at any time thereafter be dissolved, wound up up, or liquidated at any time thereafterliquidated.
Appears in 2 contracts
Samples: Indenture (Terex Corp), Indenture (Terex Corp)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.”
Appears in 2 contracts
Samples: Third Supplemental Indenture (WhiteHorse Finance, Inc.), Second Supplemental Indenture (WhiteHorse Finance, Inc.)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.
Appears in 2 contracts
Samples: Sixth Street Specialty Lending, Inc., Garrison Capital Inc.
Successor Person Substituted. (a) Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfertransfer (except by a lease), the Company as the predecessor shall be discharged from all its obligations and covenants under this Indenture and the Securities and coupons and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.
Appears in 2 contracts
Samples: Indenture (Teekay Shipping Corp), Indenture (Teekay Shipping Corp)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and coupons and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.
Appears in 2 contracts
Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person Corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and coupons and may be dissolved, wound up or liquidated at any time thereafter.dissolved and liquidated. ARTICLE NINE
Appears in 2 contracts
Samples: Indenture (Pseg Energy Holdings Inc), Pse&g Capital Trust Iii
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and coupons and may be dissolved, wound up or liquidated at any time thereafter.dissolved and liquidated. ARTICLE NINE
Appears in 1 contract
Samples: Carlyle Secured Lending, Inc.
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person corporation or limited liability company formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.”
Appears in 1 contract
Samples: Fourth Supplemental Indenture (Hercules Capital, Inc.)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Form of Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Form of Indenture and the Securities and coupons and may be dissolved, wound up or liquidated at any time thereafter.dissolved and liquidated. ARTICLE NINE
Appears in 1 contract
Samples: Medallion Financial Corp
Successor Person Substituted. Upon any consolidation or merger, or any conveyance conveyance, transfer or transfer lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance conveyance, transfer or transfer lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance conveyance, transfer or transferlease, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and coupons and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.
Appears in 1 contract
Samples: Jetblue (Jetblue Airways Corp)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.018.1, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein. In herein and thereafter the predecessor corporation shall be relieved of all obligations and covenants under this Indenture, the Securities and, in the event of any such consolidation, merger, conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and corporation may thereupon or at any time thereafter be dissolved, wound up up, or liquidated at any time thereafterliquidated.
Appears in 1 contract
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafter.dissolved and liquidated. ARTICLE NINE
Appears in 1 contract
Samples: Indenture (Main Street Capital CORP)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01701, the successor Person corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafter.dissolved and liquidated. ARTICLE EIGHT
Appears in 1 contract
Samples: Indenture (WhiteHorse Finance, Inc.)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance conveyance, lease or transfer of all or substantially all of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance conveyance, lease or transfer is made shall succeed to, assume the obligations of, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In the event of any such conveyance conveyance, lease or transfertransfer and the assumption of the obligations of the Company, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafter.
Appears in 1 contract
Samples: Tca Cable Tv Inc
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all 55 obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafter.
Appears in 1 contract
Samples: Invesco Mortgage Capital Inc.
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Surviving Person formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.
Appears in 1 contract
Samples: Ares Capital Corp
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafter.dissolved and liquidated. ARTICLE NINE SUPPLEMENTAL INDENTURES
Appears in 1 contract
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafter.. ARTICLE IX
Appears in 1 contract
Samples: Wendy (Wendy's/Arby's Group, Inc.)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01801, the successor Person corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and coupons and may be dissolved, wound up or liquidated at any time thereafter.dissolved and liquidated. ARTICLE NINE SUPPLEMENTAL INDENTURES
Appears in 1 contract
Samples: Indenture (Medley Capital Corp)
Successor Person Substituted. Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the Company substantially as an entirety in accordance with Section 8.01701, the successor Person corporation formed by such consolidation or into which the Company is merged or the successor Person to which such conveyance or transfer is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor had been named as the Company herein. In ; and in the event of any such conveyance or transfer, the Company as the predecessor shall be discharged from all obligations and covenants under this Indenture and the Securities and may be dissolved, wound up or liquidated at any time thereafterdissolved and liquidated.
Appears in 1 contract
Samples: Indenture (WhiteHorse Finance, Inc.)