Common use of Certain Requirements in Respect of Combination, etc Clause in Contracts

Certain Requirements in Respect of Combination, etc. The Parent shall not enter into any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom unless: (a) such other person or continuing corporation is a corporation (herein called the "Parent Successor") incorporated under the laws of any state of the United States or the laws of Canada or any province thereof; and (b) the Parent Successor, by operation of law, becomes, without more, bound by the terms and provisions of this Agreement or, if not so bound, executes, prior to or contemporaneously with the consummation of such transaction an agreement supplemental hereto and such other instruments (if any) as are satisfactory to the Trustee, acting reasonably, and in the opinion of legal counsel to the Trustee are necessary or advisable to evidence the assumption by the Parent Successor of liability for all moneys payable and property deliverable hereunder and the covenant of such Parent Successor to pay and deliver or cause to be delivered the same and its agreement to observe and perform all of the covenants and obligations of the Parent under this Agreement.

Certain Requirements in Respect of Combination, etc. The Parent Patch shall not enter into any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom unless: (a) such uch other person or continuing corporation is a corporation (herein called the "Parent Patch Successor") incorporated under the laws of any state of the United States or the laws of Canada or any province thereof; and (b) the Parent Patch Successor, by operation of law, becomes, without more, bound by the terms and provisions of this Agreement or, if not so bound, executes, prior to or contemporaneously with the consummation of such transaction an agreement supplemental hereto and such other instruments (if any) as are satisfactory to the Trustee, acting reasonably, and in the opinion of legal counsel to the Trustee are necessary or advisable to evidence the assumption by the Parent Patch Successor of liability for all moneys payable and property deliverable hereunder and the covenant of such Parent Patch Successor to pay and deliver or cause to be delivered the same and its agreement to observe and perform all of the covenants and obligations of the Parent Patch under this Agreement.

Certain Requirements in Respect of Combination, etc. The Parent Orbital shall not enter into any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom therefrom, unless: (a) such other person or continuing corporation is a corporation (herein called the "Parent Orbital Successor") incorporated under the laws of any state of the United States or the laws of Canada or any province thereof; and (b) the Parent Orbital Successor, by operation of law, becomes, without more, bound by the terms and provisions of this Agreement or, if not so bound, executes, prior to or contemporaneously with the consummation of such transaction an agreement supplemental hereto and such other instruments (if any) as are satisfactory to the Trustee, Trustee acting reasonably, and in the opinion of legal counsel to the Trustee are necessary or advisable reasonably to evidence the assumption by the Parent Orbital Successor of liability for all moneys payable and property deliverable hereunder and the covenant of such Parent Orbital Successor to pay and deliver or cause to be delivered the same and its agreement to observe and perform all of the covenants and obligations of the Parent Orbital under this Agreement.

Certain Requirements in Respect of Combination, etc. The Parent ACT shall not enter into any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom therefrom, unless: (a) such other person or continuing corporation is a corporation (herein called the "Parent ACT Successor") incorporated under the laws of any state of the United States or the laws of Canada or any province thereof; and (b) the Parent ACT Successor, by operation of law, becomes, without more, bound by the terms and provisions of this Agreement or, if not not--so bound, executesbound,--executes, prior to or contemporaneously with the consummation of such transaction an agreement supplemental hereto and such other instruments (if any) as are satisfactory to the Trustee, Trustee acting reasonably, and in the opinion of legal counsel to the Trustee are necessary or advisable reasonably to evidence the assumption by the Parent ACT Successor of liability for all moneys payable and property deliverable hereunder and the covenant of such Parent ACT Successor to pay and deliver or cause to be delivered the same and its agreement to observe and perform all of the covenants and obligations of the Parent ACT under this Agreement.

Certain Requirements in Respect of Combination, etc. The Parent Patch shall not enter into any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom unless: (a) such other person or continuing corporation is a corporation (herein called the "Parent “Patch Successor"”) incorporated under the laws of any state of the United States or the laws of Canada or any province thereof; and (b) the Parent Patch Successor, by operation of law, becomes, without more, bound by the terms and provisions of this Agreement or, if not so bound, executes, prior to or contemporaneously with the consummation of such transaction an agreement supplemental hereto and such other instruments (if any) as are satisfactory to the Trustee, acting reasonably, and in the opinion of legal counsel to the Trustee are necessary or advisable to evidence the assumption by the Parent Patch Successor of liability for all moneys payable and property deliverable hereunder and the covenant of such Parent Patch Successor to pay and deliver or cause to be delivered the same and its agreement to observe and perform all of the covenants and obligations of the Parent Patch under this Agreement.

Certain Requirements in Respect of Combination, etc. The Parent Patch shall not enter into any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom unless: (a) such other person or continuing corporation is a corporation (herein called the "Parent SuccessorPATCH SUCCESSOR") incorporated under the laws of any state of the United States or the laws of Canada or any province thereof; and (b) the Parent Patch Successor, by operation of law, becomes, without more, bound by the terms and provisions of this Agreement or, if not so bound, executes, prior to or contemporaneously with the consummation of such transaction an agreement supplemental hereto and such other instruments (if any) as are satisfactory to the Trustee, acting reasonably, and in the opinion of legal counsel to the Trustee are necessary or advisable to evidence the assumption by the Parent Patch Successor of liability for all moneys payable and property deliverable hereunder and the covenant of such Parent Patch Successor to pay and deliver or cause to be delivered the same and its agreement to observe and perform all of the covenants and obligations of the Parent Patch under this Agreement.

Certain Requirements in Respect of Combination, etc. The Parent shall not enter into any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom unless: (a) such other person or continuing corporation is a corporation (herein called the "Parent Successor") incorporated under the laws of any state of the United States or the laws of Canada or any province thereof; and (b) the Parent Successor, by operation of law, becomes, without more, bound by the terms and provisions of this Agreement or, if not so bound, executes, prior to or contemporaneously with the consummation of such transaction an agreement a Agreement supplemental hereto and such other instruments (if any) as are satisfactory to the Trustee, acting reasonably, Trustee and in the opinion of legal counsel to the Trustee are necessary or advisable to evidence the assumption by the Parent Successor of liability for all moneys payable and property deliverable hereunder and the covenant of such Parent Successor to pay and deliver or cause to be delivered the same and its agreement to observe and perform all of the covenants and obligations of the Parent under this Agreement.this

Certain Requirements in Respect of Combination, etc. The Parent Applied shall not enter into any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom therefrom, unless: (a) such other person or continuing corporation is a corporation (herein called the "Parent Applied Successor") incorporated under the laws of any state of the United States or the laws of Canada or any province thereof; and (b) the Parent Applied Successor, by operation of law, becomes, without more, bound by the terms and provisions of this Agreement or, if not so bound, executes, prior to or contemporaneously with the consummation of such transaction an agreement supplemental hereto and such other instruments (if any) as are satisfactory to the Trustee, Trustee acting reasonably, and in the opinion of legal counsel to the Trustee are necessary or advisable reasonably to evidence the assumption by the Parent Applied Successor of liability for all moneys payable and property deliverable hereunder and the covenant of such Parent Applied Successor to pay and deliver or cause to be delivered the same and its agreement to observe and perform all of the covenants and obligations of the Parent Applied under this Agreement.