Common use of Successor under the Indenture Clause in Contracts

Successor under the Indenture. (a) Pursuant to, and in compliance and accordance with, Articles IX and XI of the Indenture, the Successor Company hereby expressly and unconditionally assumes, concurrent with the Merger, the due and punctual payment of the principal of and premium, if any, and interest on all of the Debt Securities and the due and punctual performance and observance of all of the covenants and conditions of the Indenture to be performed or observed by the Company, including all of the obligations of the Company under the Capital Securities Guarantee and the Declaration. (b) Pursuant to Section 11.2 of the Indenture, the Successor Company shall succeed to and be substituted for, and may exercise every right and power of, the Company under the Indenture, with the same effect as if the Successor Company had been named as the Company in the Indenture.

Successor under the Indenture. (a) Pursuant to, and in compliance and accordance with, Articles IX and XI of the Indenture, the Successor Company hereby expressly and unconditionally assumes, concurrent with the Merger, the due and punctual payment of the principal of and premium, if any, and interest on all of the Debt Securities and the due and punctual performance and observance of all of the covenants and conditions of the Indenture to be performed or observed by the Company, including all of the obligations of the Company under the Capital Securities Guarantee and the Declaration. (b) Pursuant to Section 11.2 11.02 of the Indenture, the Successor Company shall succeed to and be substituted for, and may exercise every right and power of, the Company under the Indenture, with the same effect as if the Successor Company had been named as the Company in the Indenture.