Certain Requirements in Respect of Combinations, etc. Spectra Energy shall not consummate 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, but may do so if:
Certain Requirements in Respect of Combinations, etc. Duke Energy shall not consummate 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, but may do so if:
Certain Requirements in Respect of Combinations, etc. Subject to Section 8.1(d), the Corporation will not consummate any transaction (whether by way of arrangement, amalgamation, merger, reorganization, consolidation, sale of assets 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 business combination, of the continuing Person resulting therefrom, unless: such other Person (the "Successor"), by operation of law, becomes 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 reasonably necessary or advisable to evidence the assumption by the Successor of liability for all amounts payable and property deliverable hereunder and the covenant of such Successor to pay and deliver or cause to be delivered the same and its agreement to observe and perform all the covenants and obligations of the Corporation under this Agreement; and such transaction shall be upon such terms and conditions so as to substantially preserve and not to impair in any material respect any of the rights, duties, powers and authorities of the other parties hereunder. Whenever the conditions of Section 3.1(a) have been duly observed and performed, if required by Section 3.1(a), the Successor and the other parties hereto will execute and deliver the supplemental agreement provided for herein and thereupon the Successor will possess and, from time to time, may exercise each and every right and power and will be subject to each and every obligation of the Corporation under this Agreement in the name of the Corporation or otherwise and any act or proceeding under any provision of this Agreement required to be done or performed by the Corporation or any officer of the Corporation may be done and performed with like force and effect by the directors or officers of such Successor. Nothing herein will be construed as preventing the merger or similar transaction of any wholly-owned direct or indirect subsidiary of the Corporation with or into the Corporation or the winding-up, liquidation or dissolution of any wholly-owned subsidiary of the Corporation provided that all of the assets of such subsidiary are transferred to the Corporation or another wholly-owned direct or indirect subsidiary of the Corporation.
Certain Requirements in Respect of Combinations, etc. (a) Subject to Section 4.1(c), neither the Fund nor Extendicare Trust will consummate 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 Person resulting therefrom unless:
