Common use of Merger, Consolidation or Change of Name of Warrant Agent Clause in Contracts

Merger, Consolidation or Change of Name of Warrant Agent. (a) Any corporation into which the Warrant Agent may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Warrant Agent, shall be the successor to such Warrant Agent hereunder without the execution or filing of any papers or any further act on the part of any of the parties hereto; provided that such corporation would have a combined capital and surplus of at least US$500 million (or would be a wholly-owned subsidiary of a bank or trust company, or of a bank holding company, the principal subsidiary of which is a bank or trust company having a combined capital and surplus of at least US$500 million) as set forth in its most recent published annual report of condition. (b) In case at any time the name of the Warrant Registrar shall be changed and at such time any of the Warrant Certificates shall have been authenticated but not delivered, the Warrant Registrar whose name has been changed may adopt the authentication under its prior name, and in case at that time any of the Warrant Certificates shall not have been authenticated, the Warrant Registrar may authenticate such Warrant Certificates either in its prior name or in its changed name, and in all such cases such Warrant Certificates shall have the full force and effect provided in the Warrant Certificates and in this Agreement.

Merger, Consolidation or Change of Name of Warrant Agent. (a) Any corporation into which the Warrant Agent may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Warrant Agent, shall be the successor to such Warrant Agent hereunder without the execution or filing of any papers or any further act on the part of any of the parties hereto; provided that such corporation would have a combined capital and surplus of at least US$500 $50.0 million (or would be a wholly-owned subsidiary of a bank or trust company, or of a bank holding company, the principal subsidiary of which is a bank or trust company having a combined capital and surplus of at least US$500 $50.0 million) as set forth in its most recent published annual report of condition. (b) In case at any time the name of the Warrant Registrar Agent shall be changed and at such time any of the Warrant Certificates shall have been authenticated countersigned but not delivered, the Warrant Registrar Agent whose name has been changed may adopt the authentication countersignature under its prior name, and in case at that time any of the Warrant Certificates shall not have been authenticatedcountersigned, the Warrant Registrar Agent may authenticate countersign such Warrant Certificates either in its prior name or in its changed name, and in all such cases such Warrant Certificates shall have the full force and effect provided in the Warrant Certificates and in this Agreement.