Examples of Existing Issuer in a sentence
The Successor Company represents and warrants that (a) it has all necessary power and authority to execute and deliver this First Supplemental Indenture and to perform the Indenture, (b) that it is the successor by merger of the Existing Issuer pursuant to a valid merger effected in accordance with applicable law and (c) that it is a corporation organized and existing under the laws of the State of California.
As of the Effective Date, any future rights or obligations (excluding, for the avoidance of doubt, such rights and obligations accrued to the Effective Date) of a party under the Existing Issuer Cash Management Agreement shall be extinguished and shall instead be governed by this Agreement.
As permitted by the terms of the Indenture, the Existing Issuer has, simultaneously with the effectiveness of this First Supplemental Indenture, merged (referred to herein as the “Transaction”) with and into the Successor Company, with the Successor Company as the surviving corporation.
Save as expressly amended by this Deed, the Existing Issuer Deed of Charge shall remain in full force and effect and the security created thereunder and all of the other rights, powers, obligations and immunities comprised therein and arising pursuant thereto shall remain in full force and effect notwithstanding this Deed.
The Existing Issuer Deed of Charge and this Deed shall henceforth be read and construed as one document and references in the Existing Issuer Deed of Charge to "this Deed" shall be read as references to the Existing Issuer Deed of Charge as supplemented and amended by this Deed.