Common use of Successor Substituted Clause in Contracts

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer or the Co-Issuer, in accordance with Section 7.10 hereof, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture or any successor which shall theretofore have become such in the manner prescribed in this Article 7 may be dissolved, wound-up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, Issuer substantially as an entity in accordance with Section 7.10 hereof7.11, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture herein or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Securities (or with respect to the Co-Issuer, the Co-Issued Notes) and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer Borrower or the Co-Issuer, Borrower in accordance with Section 7.10 hereofof the Indenture in which the Merging Entity is not the surviving entity, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, Successor Entity shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or Merging Entity under the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer Borrower or the Co-IssuerBorrower, as the case may be, herein, and the Successor Entity shall deliver to the Loan Agent the Officer’s Certificate and Opinion of Counsel required by Section 7.10(d) of the Indenture. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “IssuerBorrower” or the “Co-IssuerBorrower” in the first paragraph of this Indenture Agreement or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII of the Indenture may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Loans and from its obligations under this IndentureAgreement and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, substantially as an entity in accordance with Section 7.10 hereof7.11, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture herein or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Securities and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer or the Co-Issuer, in accordance with Section 7.10 hereof7.10, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), as applicable) or the Person to which such consolidation, merger, transfer or conveyance is made, made shall succeed to, and be substituted for, and may exercise every right and power of, and shall be bound by each obligation or covenant of, the Issuer or the Co-Issuer, as the case may beapplicable, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may beapplicable, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture or any successor which that shall theretofore have become such in the manner prescribed in this Article Section 7 may be dissolved, wound-up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer or the Co-Issuer, in accordance with Section 7.10 hereof, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture or any successor which shall theretofore have become such in the manner prescribed in this Article 7 may be dissolved, wound-up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes or Notes, as applicable, and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, Issuer substantially as an entity in accordance with Section 7.10 hereof7.10, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture herein or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Securities (or with respect to the Co-Issuer, the Co-Issued Notes) and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer or the Co-Issuer, Issuer in accordance with Section 7.10 hereofin which the Merging Entity is not the surviving entity, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, Successor Entity shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, Merging Entity under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer or the Co-Issuer, in accordance with Section 7.10 hereof, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “"Issuer” " or the “"Co-Issuer” " in the first paragraph of this Indenture or any successor which shall theretofore have become such in the manner prescribed in this Article 7 may be dissolved, wound-up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, Issuer substantially as an entity in accordance with Section 7.10 hereof7.10, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture herein or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Secured Debt and Subordinated Securities (or with respect to the Co-Issuer, the Co-Issued Debt) and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer or the Co-Issuer, in accordance with Section 7.10 hereof7.10, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or or, the Person to which such consolidation, merger, transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, and shall be bound by each obligation or covenant of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture or any successor which shall theretofore have become such in the manner prescribed in this Article Section 7 may be dissolved, wound-up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Rated Notes and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer or the Co-Issuer, in accordance with Section 7.10 hereof, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture or any successor which shall theretofore have become such in the manner prescribed in this Article 7 may be dissolved, wound-up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets Collateral of the Issuer or the Co-Issuer, in accordance with Section 7.10 hereof, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture or any successor which shall theretofore have become such in the manner prescribed in this Article 7 may be dissolved, wound-up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, Issuer substantially as an entity in accordance with Section 7.10 hereof7.11, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-IssuerCo‑Issuer), or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture herein or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Securities (or with respect to the Co-Issuer, the Co‑Issued Notes) and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, Issuer substantially as an entity in accordance with Section 7.10 hereof7.11, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “"Issuer” " or the “"Co-Issuer” in the first paragraph of this Indenture " herein or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Securities (or with respect to the Co-Issuer, the Co-Issued Notes) and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer Borrower or the Co-Issuer, Borrower in accordance with Section 7.10 hereofof the Indenture in which the Merging Entity is not the surviving entity, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, Successor Entity shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or Merging Entity under the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer Borrower or the Co-IssuerBorrower, as the case may be, herein, and the Successor Entity shall deliver to the Loan Agent the Officer’s Certificate and Opinion of Counsel required by Section 7.10(d) of the Indenture. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “IssuerBorrower” or the “Co-IssuerBorrower” in the first paragraph of this Indenture Agreement or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII of the Indenture may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes Debt and from its obligations under this IndentureAgreement and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, Issuer substantially as an entity in accordance with Section 7.10 hereof7.107.11, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture and the Credit Agreement with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the ““Issuer” or the “Co-Issuer”” in the first paragraph of this Indenture herein or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Secured Debt and Subordinated Securities (or with respect to the Co-Issuer, the Co-Issued Debt) and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, substantially as an entity in accordance with Section 7.10 hereof7.11, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture Indenture, the Class A-1L-1 Loan Agreement and the Class A-1L-2 Loan Agreement with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture herein or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Securities and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer or the Co-Issuer, in accordance with Section 7.10 hereof7.10, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture or any successor which shall theretofore have become such in the manner prescribed in this Article 7 may be dissolved, wound-up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes or Notes, as applicable, and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer or the Co-Issuer, in accordance with Section 7.10 hereof, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or or, the Person to which such consolidation, merger, transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, and shall be bound by each obligation and covenant of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture or any successor which shall theretofore have become such in the manner prescribed in this Article 7 may be dissolved, wound-up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, Issuer substantially as an entity in accordance with Section 7.10 hereof7.10, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-IssuerCo‑Issuer), or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture herein or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Securities (or with respect to the Co-Issuer, the Co‑Issued Notes) and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, Issuer substantially as an entity in accordance with Section 7.10 hereof7.11, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-IssuerCo‑Issuer), or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “"Issuer” " or the “"Co-Issuer” in the first paragraph of this Indenture " herein or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Securities (or with respect to the Co-Issuer, the Co‑Issued Notes) and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, Issuer substantially as an entity in accordance with Section 7.10 hereof7.11, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-IssuerCo‑Issuer), or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as -105- the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture herein or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released released, without further action by any Person, from its liabilities as obligor and maker on all the Notes Securities (or with respect to the Co-Issuer, the Co‑Issued Notes) and from its obligations under this IndentureIndenture and the other Transaction Documents to which it is a party.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer or the Co-Issuer, in accordance with Section 7.10 hereof, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “Issuer” or the “Co-Issuer” in the first paragraph of this Indenture or any successor which shall theretofore have become such in the manner prescribed in this Article 7 may be dissolved, wound-up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes or Notes, as applicable, and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or mergermerger in which the Issuer is not the surviving corporation, or conveyance or transfer or conveyance of all or substantially all of the properties and assets of the Issuer or the Co-Issuer, in each case in accordance with Section 7.10 hereof3.08 hereof or Article Eleven of this Indenture, the Person formed by or surviving with which such consolidation or merger (if other than the Issuer or the Co-Issuer)is consummated, or the Person to which such consolidation, merger, conveyance or transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer herein and shall expressly assume, by an indenture supplemental hereto in form and substance satisfactory to the Controlling Party, executed and delivered to the Indenture Trustee, the due and punctual payment of the principal of and interest on all Notes and the performance of every covenant and obligation under this Indenture and the Transaction Documents to which the Issuer is a party on the part of the Issuer to be performed or the Co-Issuerobserved herein or therein, all as the case may be, provided herein. In the event of any such consolidation, merger, transfer conveyance or conveyancetransfer, the Person named as the “"Issuer” or the “Co-Issuer” " in the first paragraph of this Indenture instrument or any successor which shall theretofore have become such in the manner prescribed in this Article 7 Three may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer or the Co-Issuer, in accordance with Section 7.10 hereof, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer or the Co-Issuer, as the case may be, herein. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “"Issuer” " or the “"Co-Issuer” " in the first paragraph of this Indenture or any successor which shall theretofore have become such in the manner prescribed in this Article 7 may be dissolved, wound-up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes or Notes, as applicable, and from its obligations under this Indenture.

Successor Substituted. Upon any consolidation or merger, or transfer or conveyance of all or substantially all of the assets of the Issuer Borrower or the Co-Issuer, Borrower in accordance with Section 7.10 hereofof the Indenture in which the merging entity is not the surviving entity, the Person formed by or surviving such consolidation or merger (if other than the Issuer or the Co-Issuer), or the Person to which such consolidation, merger, transfer or conveyance is made, successor entity shall succeed to, and be substituted for, and may exercise every right and power of, the Issuer or merging entity under the Co-Issuer, as the case may be, under this Indenture with the same effect as if such Person had been named as the Issuer Borrower or the Co-IssuerBorrower, as the case may be, herein, and the successor entity shall deliver to the Loan Agent the Officer’s Certificate and Opinion of Counsel required by Section 7.10(a)(iv) of the Indenture. In the event of any such consolidation, merger, transfer or conveyance, the Person named as the “IssuerBorrower” or the “Co-IssuerBorrower” in the first paragraph of this Indenture Agreement or any successor which shall theretofore have become such in the manner prescribed in this Article 7 VII of the Indenture may be dissolved, wound-wound up and liquidated at any time thereafter, and such Person thereafter shall be released from its liabilities as obligor and maker on all the Notes Loans and from its obligations under this IndentureAgreement and the other Transaction Documents to which it is a party.