Common use of Successor Person Substituted Clause in Contracts

Successor Person Substituted. Upon any consolidation or merger of the Issuers or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers or such Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers or such Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers Partnership or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers Partnership or such Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers Partnership or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers Partnership or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers Partnership or such Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer Partnership or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its the Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers Issuer or a Subsidiary Guarantor, as the case may be, Guarantor or any sale, lease, conveyancetransfer, assignment, transfer conveyance or other disposition of all or substantially all of the assets of the Issuers Issuer or such Subsidiary any Guarantor in accordance with Section 5.01, in which the Successor Issuer or such Guarantor is not the continuing obligor under the Notes or its Note Guarantee the surviving entity formed by such consolidation or into or with which the Issuers Issuer or such Subsidiary Guarantor is merged or the Person to which such sale, lease, the conveyance, assignment, lease or transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of of, the Issuers Issuer or such Subsidiary Guarantor, as the case may be, under this Indenture Indenture, the Notes and the Securities Note Guarantees, as applicable, with the same effect as if such Successor surviving entity had been named herein as the Issuers Issuer or such Subsidiary Guarantor and, except in the case of a lease, the Issuer or such Guarantor, as the case may be, herein and the predecessor Issuer or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenturethe obligation to pay the principal of and interest on the Notes or in respect of its Note Guarantee, the Securities and, in as the case may be, and all of a Subsidiary the Issuer’s or such Guarantor’s other obligations and covenants under the Notes, this Indenture and its Note Guarantee, if applicable.

Successor Person Substituted. Upon any consolidation or merger of the Issuers or a Subsidiary Guarantor, as the case may bemerger, or any sale, assignment, transfer, lease, conveyance, assignment, transfer conveyance or other disposition of all or substantially all of the assets of the Issuers Issuer or such a Subsidiary Guarantor in accordance with Section 5.015.01 hereof, the Successor successor Person formed by such consolidation or into or with which the Issuers Issuer or such Subsidiary Guarantor Guarantor, as applicable, is merged or to which such sale, assignment, transfer, lease, conveyance, assignment, transfer conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, merger, sale, lease, conveyance or other disposition, the provisions of this Indenture referring to the Issuer or such Subsidiary Guarantor, as applicable, shall refer instead to the successor Person and not to the Issuer or such Subsidiary Guarantor, as applicable), and may exercise every right and power of the Issuers Issuer or such Subsidiary Guarantor, as the case may beapplicable, under this Indenture and the Securities with the same effect as if such Successor successor Person had been named as the Issuers Issuer or such Subsidiary a Guarantor, as the case may beapplicable, herein and herein; provided that the predecessor Issuer or Subsidiary Guarantorshall not be relieved from the obligation to pay the principal of, premium, if any, and interest on the Notes except in the case of a sale, conveyance, assignment, transfer transfer, conveyance or other disposition, shall be released from disposition of all obligations under this Indenture, of the Securities and, in Issuer’s assets that meets the case requirements of a Subsidiary Guarantor, its GuaranteeSection 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger of the Issuers Company or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers Company or such Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers Company or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers Company or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers Company or such Subsidiary Guarantor, as the case may be, herein herein, and the predecessor Issuer Company or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers Company or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers Company or such Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers Company or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers Company or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers Company or such Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer Company or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers an Issuer or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers such Issuer or such Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers such Issuer or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers such Issuer or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers such Issuer or such Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers Partnership, the Guarantor or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers Partnership, the Guarantor or such Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers Partnership, the Guarantor or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers Partnership, the Guarantor or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers Partnership, the Guarantor or such Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer Partnership, Guarantor or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of the Guarantor and a Subsidiary Guarantor, its the Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers or a Subsidiary Guarantor, as the case may bemerger, or any sale, assignment, transfer, lease, conveyance, assignment, transfer conveyance or other disposition of all or substantially all of the assets of the Issuers Issuer or such a Subsidiary Guarantor in accordance with Section 5.015.01 hereof, the Successor successor Person formed by such consolidation or into or with which the Issuers Issuer or such Subsidiary Guarantor Guarantor, as applicable, is merged or to which such sale, assignment, transfer, lease, conveyance, assignment, transfer conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, merger, sale, lease, conveyance or other disposition, the provisions of this Indenture referring to the Issuer or such Subsidiary Guarantor, as applicable, shall refer instead to the successor Person and not to such the Issuer or such Subsidiary Guarantor, as applicable), and may exercise every right and power of the Issuers Issuer or such Subsidiary Guarantor, as the case may beapplicable, under this Indenture and the Securities with the same effect as if such Successor successor Person had been named as the Issuers Issuer or such Subsidiary a Guarantor, as the case may beapplicable, herein and herein; provided that the predecessor Issuer or Subsidiary Guarantorshall not be relieved from the obligation to pay the principal of, premium, if any, and interest on the Notes except in the case of a sale, conveyance, assignment, transfer transfer, conveyance or other disposition, shall be released from disposition of all obligations under this Indenture, of the Securities and, in Issuer’s assets that meets the case requirements of a Subsidiary Guarantor, its GuaranteeSection 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger of the Issuers Partnership or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers Partnership or such Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers Partnership or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers Partnership or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers Partnership or such Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer Partnership or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers Company or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers Company or such Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers Company or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers Company or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers Company or such Subsidiary Guarantor, as the case may be, herein herein, and the predecessor Issuer Company or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its the Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers Partnership, the Guarantor or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers Partnership, the Guarantor or such Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers Partnership, the Guarantor or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers Partnership, the Guarantor or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers Partnership, the Guarantor or such Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer Partnership, Guarantor or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of the Guarantor and a Subsidiary Guarantor, its Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers Issuer or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers Issuer or such Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers Issuer or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers Issuer or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers Issuer or such Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other dispositiondisposition (except a lease), shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers Company or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers Company or such Subsidiary Guarantor in accordance with Section ‎Section 5.01, the Successor formed by such consolidation or into or with which the Issuers Company or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers Company or such Subsidiary Guarantor, as the case may be, under this Indenture 27 and the Securities with the same effect as if such Successor had been named as the Issuers Company or such Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer Company or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers or such Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers or such Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers Company or a the Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers Company or such the Subsidiary Guarantor in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers Company or such the Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers Company or such the Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers Company or such the Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer Company or the Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a the Subsidiary Guarantor, its the Guarantee.

Successor Person Substituted. Upon any consolidation or merger amalgamation of the Issuers Issuer or a any Subsidiary Guarantor, as applicable, with or merger of the case may beIssuer or such Subsidiary Guarantor, as applicable, into, any other Person or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all lease of the properties and assets of the Issuers Issuer or such Subsidiary Guarantor Guarantor, as applicable, as, or substantially as, an entirety in accordance with Section 5.01, the Successor formed by such consolidation or into or with which the Issuers or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall Person will succeed to, and be substituted for, and may exercise every right and power of of, the Issuers Issuer or such Subsidiary Guarantor, as the case may beapplicable, with respect to each Series of Securities then outstanding under this Indenture and the Securities with the same effect as if such Successor Person had been named therein as the Issuers Issuer or such Subsidiary Guarantor, as applicable, and thereafter the Issuer or any Subsidiary Guarantor, as applicable, will be released from all obligations and covenants under this Indenture and the Securities, as the case may be, herein and the predecessor Issuer or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its Guaranteemay liquidated and dissolve.

Successor Person Substituted. Upon any consolidation or merger of the Issuers or a Subsidiary Guarantor, as the case may be, or any sale, lease, conveyance, assignment, transfer or other disposition of all or substantially all of the assets of the Issuers or such Subsidiary Guarantor in accordance with with Section 5.01, 5.01 the Successor formed by such consolidation or into or with which the Issuers or such Subsidiary Guarantor is merged or to which such sale, lease, conveyance, assignment, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of the Issuers or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had been named as the Issuers or such Subsidiary Guarantor, as the case may be, herein and the predecessor Issuer or Subsidiary Guarantor, in the case of a sale, conveyance, assignment, transfer or other disposition, shall be released from all obligations under this Indenture, the Securities and, in the case of a Subsidiary Guarantor, its Guarantee.

Successor Person Substituted. Upon any consolidation or merger of the Issuers or a Subsidiary Guarantor, as the case may bemerger, or any sale, assignment, transfer, lease, conveyance, assignment, transfer conveyance or other disposition of all or substantially all of the assets of the Issuers Company or such a Subsidiary Guarantor in accordance with Section 5.015.01 hereof, the Successor successor Person formed by such consolidation or into or with which the Issuers Company or such Subsidiary Guarantor Guarantor, as applicable, is merged or to which such sale, assignment, transfer, lease, conveyance, assignment, transfer conveyance or other disposition is made shall succeed to, and be substituted forfor (so that from and after the date of such consolidation, merger, sale, lease, conveyance or other disposition, the provisions of this Indenture referring to the Company or such Subsidiary Guarantor, as applicable, shall refer instead to the successor Person and not to the Company or such Subsidiary Guarantor, as applicable), and may exercise every right and power of the Issuers Company or such Subsidiary Guarantor, as the case may beapplicable, under this Indenture and the Securities with the same effect as if such Successor successor Person had been named as the Issuers Company or such Subsidiary a Guarantor, as the case may beapplicable, herein and herein; provided that the predecessor Issuer or Subsidiary GuarantorCompany shall not be relieved from the obligation to pay the principal of, premium, if any, and interest on the Notes except in the case of a sale, conveyance, assignment, transfer transfer, conveyance or other disposition, shall be released from disposition of all obligations under this Indenture, of the Securities and, in Company’s assets that meets the case requirements of a Subsidiary Guarantor, its GuaranteeSection 5.01 hereof.

Successor Person Substituted. Upon any consolidation or merger of the Issuers or a Subsidiary Guarantor, as the case may bemerger, or any sale, lease, conveyance, assignment, transfer conveyance or other disposition of all or substantially all of the assets of the Issuers or such Subsidiary Guarantor in accordance with Section 5.01Prime Borrower, the Successor Issuer or any Guarantor, if applicable, the successor Person formed by such consolidation or into or with which Prime Borrower, the Issuers Issuer or such Subsidiary Guarantor Guarantor, as the case may be, is merged or to which such sale, lease, conveyance, assignment, transfer conveyance or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of of, Prime Borrower, the Issuers Issuer or such Subsidiary Guarantor, as the case may be, under this Indenture and the Securities with the same effect as if such Successor had successor Person has been named as an Issuer herein. In the Issuers event of any such sale or such Subsidiary conveyance (other than a conveyance by way of lease) Prime Borrower, the Issuer, any Guarantor, as the case may beif applicable, herein and the predecessor Issuer or Subsidiary Guarantor, any successor entity of any of them which shall theretofore have become such in the case of a sale, conveyance, assignment, transfer or other dispositionmanner described in this Article XIII, shall be released discharged from all obligations and covenants under this Indenture, the Securities and, in and the case of a Subsidiary Guarantor, its GuaranteeGuarantees and may be liquidated and dissolved.