CONVEYANCE AND LEASE. Section 11.01. Company May Consolidate, Etc. on Certain Terms 51 Section 11.02. Successor Corporation to Be Substituted 52 Section 11.03. Opinion of Counsel to Be Given to Trustee 52 Section 12.01. Indenture and Notes Solely Corporate Obligations 52
CONVEYANCE AND LEASE. Section 11.01.
CONVEYANCE AND LEASE. SECTION 10.01 Company May Consolidate, etc., on Certain Terms . . . . . . . . . . . . . . . . . . . 59 SECTION 10.02 Successor Corporation to be Substituted for Company . . . . . . . . . . . . . . . . . 60 SECTION 10.03 Opinion of Counsel to be Given Trustee . . . . . . . . . . . . . . . . . . . . . . . 61 ARTICLE XI
CONVEYANCE AND LEASE. 58 SECTION 10.01. Company May Consolidate, etc., on Certain Terms.......................................... 58 SECTION 10.02. Successor Corporation to be Substituted for Company........................................ 59 SECTION 10.03. Opinion of Counsel to be Given Trustee......... 60
CONVEYANCE AND LEASE. Section 11.01. Company May Consolidate, etc. On Certain Terms 57 Section 11.02. Successor Entity To Be Substituted 58 Section 11.03. Opinion of Counsel To Be Given to Trustee 58 Section 12.01. Discharge of Indenture 58 Section 12.02. Deposited Moneys To Be Held in Trust by Trustee 59 Section 12.03. Paying Agent To Repay Moneys Held 59 Section 12.04. Return of Unclaimed Moneys 59 Section 13.01. Indenture and Debt Securities Solely Corporate Obligations 60 Section 14.01. Successors 60 Section 14.02. Official Acts by Successor Entity 60 Section 14.03. Surrender of Company Powers 60 Section 14.04. Addresses for Notices, Etc 60 Section 14.05. Governing Law 61 Section 14.06. Evidence of Compliance With Conditions Precedent 61 Section 14.07. Non-Business Days 61 Section 14.08. Table of Contents, Headings, Etc 62 Section 14.09. Execution in Counterparts 62 Section 14.10. Separability 62 Section 14.11. Assignment 62 Section 14.12. Acknowledgment of Rights 62 Section 15.01. Agreement To Subordinate 63 Section 15.02. Default on Senior Indebtedness 63 Section 15.03. Liquidation, Dissolution, Bankruptcy 63 Section 15.04. Subrogation 65 Section 15.05. Trustee To Effectuate Subordination 65 Section 15.06. Notice by the Company 66 Section 15.07. Rights of the Trustee; Holders of Senior Indebtedness 66 Section 15.08. Subordination May Not Be Impaired 67 EXHIBIT A FORM OF CONVERTIBLE JUNIOR SUBORDINATED DEBT SECURITY DUE SEPTEMBER 15, 2039 A-1 EXHIBIT B FORM OF CERTIFICATE TO TRUSTEE 1 THIS INDENTURE, dated as of June 30, 2009, by and between FLAGSTAR BANCORP, INC., a savings and loan holding company incorporated in Michigan (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (the “Trustee”).
CONVEYANCE AND LEASE. Back of Stadium Site. Cubs (or an entity formed or identified to acquire the Stadium Site) will convey to the City, at no cost or expense to City, fee simple title to a parcel of land to be used as and for the Stadium, including public right- of-way to an arterial street (the “Stadium Site”). Following conveyance of the Stadium Site to the City, the City shall lease the Stadium Site to Cubs, utilizing a form of lease attached to the Agreement as an exhibit (“Stadium Lease”), the terms of which will be consistent with this MOU. The term of the Stadium Lease will be coterminous with the Agreement. Following the 30th year after signing of the Agreement (or, if earlier, the period in which the bonds used to finance the initial construction of the Project will have been paid), Cubs may in its discretion purchase from the City for $1 the Stadium Site. Following termination of the Agreement, Cubs may in its discretion purchase from the City the Improvements on the Stadium Site for a value to be agreed by the Parties, provided however Cubs shall have a credit against such price equal to the value of the Cubs’ contribution(s) to Capital Improvements as set forth in Section 5.4, provided such Improvements have a reasonable useful commercial life remaining after Year 20.
CONVEYANCE AND LEASE. Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 5.2, the Issuer shall not, directly or indirectly, consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person unless: the resulting, surviving or transferee Person (the “Successor Company”), if not the Issuer, shall be a corporation, organized and existing under the laws of the United States of America, any State thereof, the District of Columbia, the Cayman Islands, the British Virgin Islands, Bermuda or Hong Kong and the Successor Company (if not the Issuer) shall expressly assume all of the obligations of the Issuer under this Note and the Refinancing Documents; no Fundamental Change shall have occurred as a result of such merger or consolidation; and immediately after giving effect to such transaction, no Default or Event of Default shall have occurred and be continuing under this Note. For purposes of this Section 5.1, the sale, conveyance, transfer or lease of all or substantially all of the properties and assets of one or more Subsidiaries of the Issuer to another Person, which properties and assets, if held by the Issuer instead of such Subsidiaries, would constitute all or substantially all of the properties and assets of the Issuer on a consolidated basis, shall be deemed to be the sale, conveyance, transfer or lease of all or substantially all of the properties and assets of the Issuer to another Person and except as permitted pursuant to and subject to the conditions as set out in this Article V, the provisions of Section 3.3(a) shall apply.
CONVEYANCE AND LEASE. Section 12.01. Company and the Subsidiary Guarantor May Consolidate on Certain Terms 56 Section 12.02. Successor to Be Substituted 57 Section 12.03. Opinion of Counsel to Be Given Trustee 58
CONVEYANCE AND LEASE. Company May Consolidate, etc., Only on Certain Terms SECTION 10.02. Successor Person Substituted
CONVEYANCE AND LEASE. Section 11.01. Company and Avadel May Consolidate, Etc. on Certain Terms 53 Section 11.02. Successor Corporation to Be Substituted 54 Section 11.03. Opinion of Counsel to Be Given to Trustee 54
