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HomeMy WebLinkAbout1477 ~ :z: - , . • - ' . ` . 1 . . r • S~ , . ~ . - • - . - _ _ ~ _ ' . OEEU RECORDS fi~i12~4 ~r,~~f i~b~ vo~1423 ~at:E J:7~ ~ ~ , . ~ • ' Parasrapiu $3, ~S - • 39 ~ other obligations nnder the Indenture, bat any snch. assignment and ~ ' pledge shall be snbject to the rights and• privileges of the Company nnder this Lease in aocordance with Section 907 of the Indentnre. (e) Other Successors.. Ezcept as otherwise provided above in tLis . Paragrapb 25 all covenanta, conditions and obligations herein contained ~hall be binding npon and innre to the benefit of the respective sne- cessors and assigns of snbstantially all of the asaets of Properties and of the sneceasors to the Trnstee and the Escrow Agent named nnder the Indentnre, in eash case to the same eatent aa if each snch anccesaor were named as snch party hereto. Each reference in thia Lease to Properties shall incinde any anecesaor to Propertiea by merger or sale, assignment or transfer aa permitted by the Indentare. (f) Mariner of ~ssumptio~. The effectiveneas of any assnmption of the dne performance of the obligationa of the Company herennder required or permitted puranant to thie Lease shall be contingent upon ~ the filing ith Properties aud the Trustee of (i) an instrnment evidenc- ~ ing snch assumption dnly eaecnted on belialf of the_assuming party, (ii) unless the holders of each of the Notea at the time ontstanding ~ shall otLerwise consent ui writiug, an instrument of modification dul3~ ~igned by Continental agreeing to substitute such assuming party for the Company for purposes of the (~uarantee Agreement, und (iii) a favorable opinion of connsel acceptable to the Trnstee, addreased to the Trustee as to the effectiveness, and enforceability by the Trustee ; and the holders of the Notes, of snch assnmption and of the (~narantee ; .Agreement as modified. Ezcept as aforesaid, none of snch instrnments ; shall reqnire approval, consent, ezecution or acceptance by ar on behalf ~ ~ of Properties, the Trastee or the hulders of the 11Totes. _ ~ i ~ ~ 26. THS Escsow Aa$x~r sxD Tsvs~. i ~ ~ ~ ~ ~ (a) The Escrow Agent and the Trnstee ahall perform snch dntiea ~ ~ as are provided in tbis Lease to be performed by them in accordance, g where applicable, with Section 907 of the Indentnre. ~ ~ ; ~ ~ (b) Rights arid Immunities. The Escrow Agent and the Trnatee L ~ in performing their obliJations herennder shall be entitled to the ri~hte i ~ and immnnitie$ set forth in Article %II of the Indentnre and shall be . - . ' i, i~ I ~ ~ • . °~~~3~1 f~~~~ 1~~ ~ r ~ . ~