Common use of Successor Person Substituted Clause in Contracts

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company to any Person in accordance with Section 8.01, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or 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, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "Company" in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation consolidation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement merger, or any conveyancesale, transfer lease, conveyance or lease other disposition of all or substantially all of the properties and assets of the Company to or any Person in accordance with Section 8.01Guarantor, if applicable, the successor Person formed by such amalgamation or consolidation or into or with which the Company or such Guarantor, as the case may be, is merged or statutory arrangement, or to which such conveyancesale, transfer lease, conveyance or lease other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company or such Guarantor, as the case may be, under this Indenture with the same effect as if such successor Person had has been named as the Company herein, and in . In the event of any such sale or conveyance or transfer(other than a conveyance by way of lease) the Company, the Company (which term shall for this purpose mean the Person named as the "Company" in the first paragraph of this Indenture any Guarantor, if applicable, or any successor Person entity of any of them which shall theretofore have become such in the manner described in Section 8.01), except in the case of a leasethis Article X, shall be discharged of from all obligations and covenants under this Indenture and Indenture, the Securities and the Guarantees and may be dissolved liquidated and liquidateddissolved.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company to any Person in accordance with Section 8.01, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or 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, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "“Company" ” in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and the coupons and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company to any Person in accordance with Section 8.019.01, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or 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, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "“Company" ” in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.019.01), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and the coupons and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company to any Person in accordance with Section 8.01, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangementmerged, or to which such conveyance, transfer or 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, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "“Company" ” in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and the coupons and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company to any Person in accordance with Section 8.01, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or 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, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "Company" in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and the coupons and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company with or into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company as an entirety or substantially as an entirety to any Person in accordance with Section 8.01801, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, and be subject to every obligation of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and in the event of any such conveyance or transfer, the Company (which term terms shall for this purpose mean the Person named as the "“Company" ” in the first paragraph of this Indenture or any previous successor Person which shall theretofore had become such in the manner described in Section 8.01801), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and any coupons appertaining thereto and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation amalgamation, consolidation or consolidation statutory arrangement by the Company Corporation with or merger by the Company Corporation into any other corporation corporation, partnership or a statutory arrangement trust or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company Corporation to any Person in accordance with Section 8.01801, other than a Permitted Reorganization, the successor Person formed by such amalgamation or consolidation or into which the Company Corporation is merged or statutory arrangement, or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company Corporation under this Indenture with the same effect as if such successor Person had been named as the Company Corporation herein, and in the event of any such conveyance or transfer, the Company Corporation (which term shall for this purpose mean the Person named as the "Company" “Corporation” in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01801), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and may be dissolved and liquidated.

Successor Person Substituted. Upon any consolidation or amalgamation or consolidation by the Company with or merger by of the Company into any other corporation or a statutory arrangement Person or any conveyancelease, sale, assignment, or transfer or lease of all or substantially all of the properties property and assets of the Company to any Person in accordance with Section 8.0111.1, the successor Person formed by such consolidation or amalgamation or consolidation or into which the Company is merged or statutory arrangement, the successor Person or affiliated group of Persons to which such conveyancelease, sale, assignment, or transfer or 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 or Persons had been named as the Company herein, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "Company" in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01)thereafter, except in the case of a lease, the predecessor Person or Persons shall be discharged relieved of all obligations and covenants under this Indenture and the Securities and in the event of such conveyance or transfer, except in the case of a lease, any such predecessor Person may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation consolidation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement merger, or any conveyancesale, transfer lease, conveyance or lease other disposition of all or substantially all of the properties and assets of the Company to or any Person in accordance with Section 8.01Guarantor, if applicable, the successor Person formed by such amalgamation or consolidation or into or with which the Company or such Guarantor, as the case may be, is merged or statutory arrangement, or to which such conveyancesale, transfer lease, conveyance or lease other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company or such Guarantor, as the case may be, under this Indenture with the same effect as if such successor Person had been named herein as the Company hereinor such Guarantor, and in as applicable. In the event of any such sale or conveyance or transfer(other than a conveyance by way of lease) the Company, the Company (which term shall for this purpose mean the Person named as the "Company" in the first paragraph of this Indenture any Guarantor, if applicable, or any successor Person entity of any of them which shall theretofore have become such in the manner described in Section 8.01), except in the case of a leasethis Article X, shall be discharged of from all obligations and covenants under this Indenture and Indenture, the Securities and the Guarantees and may be dissolved liquidated and liquidateddissolved.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company Corporation with or merger by the Company Corporation into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company Corporation and its Subsidiaries, on a consolidated basis, to any Person in accordance with Section 8.01801, the successor Person formed by such amalgamation or consolidation or into which the Company Corporation is merged or statutory arrangement, or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company Corporation under this Indenture with the same effect as if such successor Person had been named as the Company Corporation herein, and in the event of any such conveyance or transfer, the Company Corporation (which term shall for this purpose mean the Person named as the "Company" “Corporation” in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01801), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and the coupons and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company to any Person in accordance with Section 8.01, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or 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, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "“Company" ” in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company to any Person in accordance with Section 8.019.01, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or 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, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "Company" in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.019.01), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and the coupons and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company Corporation with or merger by the Company Corporation into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company Corporation and its Subsidiaries, on a consolidated basis, to any Person in accordance with Section 8.01801, the successor Person formed by such amalgamation or consolidation or into which the Company Corporation is merged or statutory arrangement, or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company Corporation under this Indenture with the same effect as if such successor Person had been named as the Company Corporation herein, and in the event of any such conveyance or transfer, the Company Corporation (which term shall for this purpose mean the Person named as the "Company" “Corporation” in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01801), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and may be dissolved and liquidated.

Successor Person Substituted. Upon any consolidation, amalgamation or consolidation by the Company with or merger by of the Company into any other corporation or a statutory arrangement Person or any conveyance, lease or transfer or lease of all or substantially all of the properties property and assets of the Company to any Person in accordance with Section 8.0111.1, the successor Person formed by such consolidation or amalgamation or consolidation or into which the Company is merged or statutory arrangement, the successor Person or affiliated group of Persons to which such conveyance, assignment, or transfer or with which such 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 or Persons had been named as the Company herein, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "Company" in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01)thereafter, except in the case of a lease, the predecessor Person or Persons shall be discharged relieved of all obligations and covenants under this Indenture and the Securities and in the event of such conveyance or transfer, except in the case of a lease, any such predecessor Person may be dissolved and liquidated.

Successor Person Substituted. Upon any consolidation, amalgamation or consolidation arrangement by the Company with or merger by the Company into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety to any Person in accordance with Section 8.01801, the successor Person formed by such consolidation, amalgamation or consolidation arrangement or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or 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, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "Company" in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01801), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and the coupons and may be dissolved and liquidated.. ARTICLE NINE

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety to any Person in accordance with Section 8.015.1, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Supplemental Indenture with the same effect as if such successor Person had been named as the Company herein, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "Company" in the first paragraph of this Supplemental Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.015.1), except in the case of a lease, shall be discharged of all obligations and covenants under this Supplemental Indenture and the Securities Convertible Notes and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company Issuer with or merger by the Company Issuer into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company to any Person Issuer substantially as an entirety in accordance with Section 8.01, the successor Person formed by such amalgamation or consolidation or into which the Company Issuer is merged or statutory arrangement, or the successor Person to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company Issuer under this Indenture and the Securities with the same effect as if such successor Person had been named as the Company herein, Issuer herein and in the event of any such conveyance or transfer, the Company Issuer (which term shall for this purpose mean the Person named as the "Company" “Issuer” in the first paragraph of preamble to this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company into any other corporation Person or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company to any Person in accordance with Section 8.019.01, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or 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, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "Company" in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.019.01), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and the coupons and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company substantially as an entirety to any Person in accordance with Section 8.015.1, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Supplemental Indenture with the same effect as if such successor Person had been named as the Company herein, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "“Company" ” in the first paragraph of this Supplemental Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.015.1), except in the case of a lease, shall be discharged of all obligations and covenants under this Supplemental Indenture and the Securities Convertible Notes and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation amalgamation, consolidation or consolidation statutory arrangement by the Company Corporation with or merger by the Company Corporation into any other corporation corporation, partnership or a statutory arrangement trust or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company Corporation to any Person in accordance with Section 8.01, other than a Permitted Reorganization, the successor Person formed by such amalgamation or consolidation or into which the Company Corporation is merged or statutory arrangement, or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company Corporation under this Indenture with the same effect as if such successor Person had been named as the Company Corporation herein, and in the event of any such conveyance or transfer, the Company Corporation (which term shall for this purpose mean the Person named as the "Company" “Corporation” in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and may be dissolved and liquidated.

Successor Person Substituted. Upon any amalgamation or consolidation by the Company with or merger by the Company into any other corporation or a statutory arrangement or any conveyance, transfer or lease of all or substantially all of the properties and assets of the Company to any Person in accordance with Section 8.019.01, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or statutory arrangement, or to which such conveyance, transfer or 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, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "“Company" ” in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.019.01), except in the case of a lease, shall be discharged of all obligations and covenants under this Indenture and the Securities and the coupons and may be dissolved and liquidated.. ARTICLE TEN SUPPLEMENTAL INDENTURES

Successor Person Substituted. Upon any consolidation or amalgamation or consolidation by the Company with or merger by of the Company into any other corporation or a statutory arrangement Person or any conveyance, transfer transfer, sale, assignment, lease or lease other disposition of all or substantially all of the properties property and assets of the Company to any Person in accordance with Section 8.0111.1, the successor Person formed by such consolidation or amalgamation or consolidation or into which the Company is merged or statutory arrangement, the successor Person or affiliated group of Persons to which such conveyance, transfer transfer, sale, assignment, lease or lease other disposition 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 or Persons had been named as the Company herein, and in the event of any such conveyance or transfer, the Company (which term shall for this purpose mean the Person named as the "Company" in the first paragraph of this Indenture or any successor Person which shall theretofore become such in the manner described in Section 8.01)thereafter, except in the case of a lease, the predecessor Person or Persons shall be discharged relieved of all obligations and covenants under this Indenture and the Securities and in the event of such conveyance or transfer, except in the case of a lease, any such predecessor Person may be dissolved and liquidated.