Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or 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 had been named as the Company herein.
Appears in 26 contracts
Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 5.1 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer transfer, lease or 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 had been named as the Company herein.
Appears in 17 contracts
Samples: Indenture (Kraft Foods Inc), Senior Indenture (Donaldson Lufkin & Jenrette Inc /Ny/), Senior Debt Indenture (Donaldson Lufkin & Jenrette Inc /Ny/)
Successor Substituted. Upon any amalgamation or consolidation or merger, merger or any sale, conveyanceassignment, transfer transfer, lease or conveyance or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture801, the successor Person formed by such amalgamation or consolidation or into which the Company is merged or to which such sale, conveyanceassignment, transfer transfer, lease, conveyance or 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 had been named as the Company herein.
Appears in 5 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Successor Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenturehereof, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, assignment, conveyance, transfer transfer, lease or 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 had been named as the Company herein.
Appears in 3 contracts
Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern), Indenture (Kansas City Southern De Mexico, S.A. De C.V.)
Successor Substituted. Upon any consolidation or merger, or any transfer, sale, conveyance, transfer lease or other disposition conveyance of all or substantially all of the property and assets of the Company Corporation in accordance with Section 5.01 of this Indenture4.01, the successor Person formed by such consolidation or into which the Company Corporation is merged or to which such transfer, sale, conveyance, transfer lease or other disposition conveyance 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.
Appears in 3 contracts
Samples: Indenture (Rb Asset Inc), Indenture (Rb Asset Inc), Indenture (Rb Asset Inc)
Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer or other disposition of all or substantially all lease of the property properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or other disposition 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 thereafter.
Appears in 3 contracts
Samples: Indenture (Borland Software Corp), Indenture (Dexcom Inc), Indenture (Macrovision Corp)
Successor Substituted. Upon any the merger, consolidation or merger, other business combination involving the Company or any upon the sale, conveyanceassignment, transfer transfer, lease, conveyance or other disposition of all or substantially all of the property Company's properties and assets of the Company in accordance with Section 5.01 of this Indentureassets, the successor Surviving Person formed by (if other than the Company) resulting from such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or other disposition is made Disposition shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this the Indenture with the same effect as if such successor Surviving Person had been named as the Company hereinin the Indenture.
Appears in 2 contracts
Samples: Indenture (Young Broadcasting Inc /De/), Indenture (Young Broadcasting Inc /De/)
Successor Substituted. Upon any --------------------- consolidation or merger, or any sale, conveyance, transfer or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or 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 had been named as the Company herein.
Appears in 2 contracts
Samples: Indenture (Icg Services Inc), Indenture (Icg Services Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Surviving Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer transfer, lease or 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 Surviving Person had been named as the Company herein.
Appears in 2 contracts
Samples: Indenture (DPL Inc), Indenture (DPL Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or 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 had been named as the Company hereinherein and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Notes.
Appears in 2 contracts
Samples: Senior Discount Notes Indenture (Orionnet Finance Corp), Senior Notes Indenture (Orionnet Finance Corp)
Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company with or into, any sale, other Person or any conveyance, transfer or other disposition of all or substantially all lease of the property properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or other disposition 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 thereafter.
Appears in 1 contract
Samples: Indenture (World Acceptance Corp)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 with, or merger of this Indenturethe Company into, any other Person, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or 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 had been named as the Company herein, and thereafter the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities."
Appears in 1 contract
Samples: Fourth Supplemental Indenture (Occidental Petroleum Corp /De/)
Successor Substituted. Upon any consolidation consolidation, combination or merger, merger or any sale, conveyance, transfer or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture5.01, in which the Company is not the continuing corporation, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, lease or transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture and the Notes with the same effect as if such successor Person surviving entity had been named as the Company such herein.
Appears in 1 contract
Samples: Indenture (GPPW Inc)
Successor Substituted. Upon any consolidation or mergerof the Company with, or merger by the Company into, any sale, other Person or any conveyance, transfer or other disposition of all or substantially all lease of the property properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or other disposition 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.,
Appears in 1 contract
Samples: Indenture (Pentair Inc)
Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer transfer, sale or other disposition lease of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenture8.1, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or other disposition 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.be
Appears in 1 contract
Samples: Indenture (MRV Communications Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer or other disposition of all or substantially all of the property and assets of the Company transaction referred to in Section 8.01 in accordance with Section 5.01 of this Indenturetherewith, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, lease or transfer or 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 had been named as the Company herein; provided, however, that the predecessor Company will (other than in the case of a lease) be released from all obligations and covenants under this Indenture and the Notes.
Appears in 1 contract
Samples: Indenture (Redwood Trust Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer or other disposition of all or substantially all of the property and assets merger of the Company with or into any other corporation, trust or other entity in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or other disposition 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 thereafter the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Debentures.
Appears in 1 contract
Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company with or into, any sale, other Person or any conveyance, transfer or other disposition of all or substantially all lease of the property properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture6.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this the Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter. When such Successor Company assumes the Company’s obligations in such circumstances, except in the case of a lease, the Company shall be discharged from all obligations under the Notes and the Indenture.
Appears in 1 contract
Successor Substituted. Upon any consolidation or consolidation, merger, or any sale, conveyanceassignment, transfer transfer, conveyance or other disposition of all or substantially all of the property and assets of the Company (other than a lease) in accordance with Section 5.01 of this Indenture5.1, the successor Person formed by such consolidation or into or with which the Company is merged or to which such sale, conveyanceassignment, transfer 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, assignment, conveyance or other disposition, the provisions of this Indenture referring to the “Company” shall refer instead to the successor Person and not to the Company), 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 hereinin this Indenture.
Appears in 1 contract
Samples: Indenture (Sealed Air Corp/De)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 4.01 of this IndentureAgreement, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer transfer, lease or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture Agreement with the same effect as if such successor Person had been named as the Company herein.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Aes Corporation)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer or other disposition of all or substantially all of the property and assets of the Company with or merger of the Company with or into any other Person in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or other disposition is made merger 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.
Appears in 1 contract
Samples: Indenture (Atlantic Coast Entertainment Holdings Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or other disposition is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture, as modified or supplemented by a Board Resolution, a supplemental Indenture or an Officers' Certificate, with the same effect as if such successor Person had been named as the Company herein.
Appears in 1 contract
Successor Substituted. Upon any consolidation of the Company with or merger, merger of the Company with or into any other corporation or any sale, assignment, lease, conveyance, transfer or other disposition of all or substantially all of the property and assets Properties of the Company to any Person in accordance with Section 5.01 of this Indenture8.1 hereof, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or 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 had been named as the Company herein.such
Appears in 1 contract
Samples: Indenture (Ocean Energy Inc)
Successor Substituted. Upon any consolidation or merger, or any sale, assignment, conveyance, transfer transfer, lease or other disposition of all or substantially all of the property properties and assets of the Company in accordance with Section 5.01 of this Indenturehereof, the successor Person person or persons formed by such consolidation or into which the Company is merged or the successor person to which such sale, assignment, conveyance, transfer transfer, lease or other disposition is made made, shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture and the Securities with the same effect as if such successor Person had been named as the Company herein.
Appears in 1 contract
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 6.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer transfer, lease or 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 had been named as the Company herein.
Appears in 1 contract
Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer or other disposition of all or substantially all lease of the property properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture801, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or other disposition 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.Company
Appears in 1 contract
Successor Substituted. Upon any consolidation or merger, or any sale, conveyance, transfer transfer, lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer transfer, lease or 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 had been named as the Company herein.effect
Appears in 1 contract
Samples: Indenture (Amerada Hess Corp)
Successor Substituted. Upon any consolidation or mergerof the Company with, or merger of the Company into, any sale, other Person or any conveyance, transfer or other disposition of all or substantially all lease of the property properties and assets of the Company substantially as an entirety in accordance with Section 5.01 of this Indenture8.01, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, transfer or other disposition lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this the Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter.
Appears in 1 contract
Successor Substituted. Upon any consolidation or merger, or any transfer, sale, conveyance, transfer lease or other disposition of all or substantially all of the property and assets of the Company in accordance with Section 5.01 6.01(a) of this Indenture, the successor Person formed by such consolidation or into which the Company is merged or to which such transfer, sale, conveyance, transfer lease or 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 had been named as the Company herein. ARTICLE SEVEN Default and Remedies SECTION 7.01.
Appears in 1 contract
Samples: Indenture (Teekay Shipping Corp)
Successor Substituted. Upon any consolidation consolidation, combination or merger, merger or any sale, conveyance, transfer or other disposition of all or substantially all of the property and assets of the Company in accordance with this Section 5.01 of this Indenture5.02, in which the Company is not the continuing corporation, the successor Person formed by such consolidation or into which the Company is merged or to which such sale, conveyance, lease or transfer or other disposition is made shall shall, succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture and the Notes with the same effect as if such successor Person surviving entity had been named as the Company hereinsuch.
Appears in 1 contract