Common use of Successor Entity Substituted Clause in Contracts

Successor Entity Substituted. Upon any consolidation or merger, or any sale, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.1, the successor entity formed by such consolidation or into or with which the Company is merged or to which such sale, lease, conveyance or other disposition is made (the “Successor Person”) shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, lease, 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 has been named as the Company herein; provided, however, that the predecessor Company in the case of a sale, lease, conveyance or other disposition shall not be released from the obligation to pay the principal of and interest, if any, on the Notes, except in the case of a sale of all the Company’s assets that meets the requirements of Section 5.1.

Appears in 10 contracts

Sources: Senior Notes Indenture (Iron Mountain Inc), Senior Notes Indenture (Iron Mountain Inc), Senior Notes Indenture (Iron Mountain Inc)

Successor Entity Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company described in accordance with Section 5.15.01 hereof, the successor entity formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made (the “Successor Person”) shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, lease, conveyance or other disposition, the provisions of this Indenture and the Security Documents referring to the “Company” Company shall refer instead to the Successor Person successor entity and not to the Company) ), and may exercise every right and power of the Company under this Indenture and the Security Documents with the same effect as if such Successor successor Person has had been named as the Company hereinherein and therein; provided, however, provided that the predecessor Company in the case of a sale, lease, conveyance or other disposition shall not be released relieved from its obligations in respect of the obligation to pay Notes or the principal of and interestNote Guarantee, if any, on the Notesas applicable, except in the case of a sale of all of the Company’s assets 's and its Restricted Subsidiaries' Property that meets the requirements of Section 5.15.01 hereof.

Appears in 2 contracts

Sources: Indenture (Global Crossing LTD), Indenture (Global Crossing LTD)

Successor Entity Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company described in accordance with Section 5.15.01 hereof, the successor entity formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made (the “Successor Person”) shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, lease, conveyance or other disposition, the provisions of this Indenture and the Security Documents referring to the “Company” Company shall refer instead to the Successor Person successor entity and not to the Company) ), and may exercise every right and power of the Company under this Indenture and the Security Documents with the same effect as if such Successor successor Person has had been named as the Company herein; providedherein and therein, however, provided that the predecessor Company in the case of a sale, lease, conveyance or other disposition shall not be released relieved from its obligations in respect of the obligation to pay Notes or the principal of and interestNote Guarantee, if any, on the Notesas applicable, except in the case of a sale of all of the Company’s assets 's and its Restricted Subsidiaries' Property that meets the requirements of Section 5.15.01 hereof.

Appears in 1 contract

Sources: Indenture (Global Crossing North America Inc)

Successor Entity Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company described in accordance with Section 5.15.01 hereof, the successor entity formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made (the “Successor Person”) shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, lease, conveyance or other disposition, the provisions of this Indenture and the Security Documents referring to the “Company” Company shall refer instead to the Successor Person successor entity and not to the Company) ), and may exercise every right and power of the Company under this Indenture and the Security Documents with the same effect as if such Successor successor Person has had been named as the Company herein; providedherein and therein, however, provided that the predecessor Company in the case of a sale, lease, conveyance or other disposition shall not be released relieved from its obligations in respect of the obligation to pay Notes or the principal of and interestNote Guarantee, if any, on the Notesas applicable, except in the case of a sale of all of the Company’s assets 's and its Subsidiaries' property that meets the requirements of Section 5.15.01 hereof.

Appears in 1 contract

Sources: Indenture (Global Crossing North America Inc)

Successor Entity Substituted. Upon any consolidation or merger, or any sale, assignment, transfer, lease, conveyance or other disposition of all or substantially all of the assets of the Company in accordance with Section 5.15.01 hereof, the successor surviving entity formed by such consolidation or into or with which the Company is merged or to which such sale, assignment, transfer, lease, conveyance or other disposition is made (the “Successor Person”) shall succeed to, and be substituted for (so that from and after the date of such consolidation, merger, sale, lease, conveyance or other disposition, the provisions of this Indenture referring to the "Company" shall refer instead to the Successor Person surviving entity 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 successor Person has had been named as the Company herein; provided, however, that and the predecessor Company in shall be relieved from all its obligations under the case of a sale, lease, conveyance or other disposition shall not be released from the obligation to pay the principal of Notes and interest, if any, on the Notesthis Indenture, except in the case of a sale lease of all or substantially all of the Company’s assets that meets the requirements of Section 5.1's assets.

Appears in 1 contract

Sources: Indenture (Azurix Corp)