Common use of CORPORATION MAY CONSOLIDATE, ETC Clause in Contracts

CORPORATION MAY CONSOLIDATE, ETC. Nothing contained in this Indenture or in any of the Debentures shall prevent any consolidation, conversion or merger of the Corporation with or into any other corporation or corporations (whether or not affiliated with the Corporation, as the case may be), or successive consolidations, conversions or mergers in which the Corporation, as the case may be, or its successor or successors shall be a party or parties, or shall prevent any sale, conveyance, transfer or other disposition of the property of the Corporation, as the case may be, or its successor or successors as an entirety, or substantially as an entirety, to any other corporation (whether or not affiliated with the Corporation, as the case may be, or its successor or successors) authorized to acquire and operate the same; provided, however, the Corporation hereby covenants and agrees that, (i) upon any such consolidation, conversion, merger, sale, conveyance, transfer or other disposition, the due and punctual payment, in the case of the Corporation, of the principal of and interest on all of the Debentures, according to their tenor and the due and punctual performance and observance of all the covenants and conditions of this Indenture and the Debentures to be kept or performed by the Corporation as the case may be, shall be expressly assumed, by supplemental indenture (which shall conform to the provisions of the Trust Indenture Act, as then in effect) satisfactory in form to the Trustee executed and delivered to the Trustee by the entity formed by such consolidation, or into which the Corporation, as the case may be, shall have been merged or converted, or by the entity which shall have acquired such property; (ii) in case the Corporation consolidates with, merges into or converts to another Person or conveys or transfers its properties and assets substantially then as an entirety to any Person, the successor Person is organized under the laws of the United States or any state or the District of Columbia; and (iii) immediately after giving effect thereto, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have occurred and be continuing.

CORPORATION MAY CONSOLIDATE, ETC. Nothing contained in this Indenture or in any of the Debentures shall prevent any consolidation, conversion consolidation or merger of the Corporation with or into any other corporation or corporations (whether or not affiliated with the Corporation, as the case may be), or successive consolidations, conversions consolidations or mergers in which the Corporation, as the case may be, or its successor or successors shall be a party or parties, or shall prevent any sale, conveyance, transfer or other disposition of the property of the Corporation, as the case may be, or its successor or successors as an entirety, or substantially as an entirety, to any other corporation (whether or not affiliated with the Corporation, as the case may be, or its successor or successors) authorized to acquire and operate the same; provided, however, the Corporation hereby covenants and agrees that, (i) upon any such consolidation, conversion, merger, sale, conveyance, transfer or other disposition, the due and punctual payment, in the case of the Corporation, of the principal of and interest on all of the Debentures, according to their tenor and the due and punctual performance and observance of all the covenants and conditions of this Indenture and the Debentures to be kept or performed by the Corporation as the case may be, shall be expressly assumed, by supplemental indenture (which shall conform to the provisions of the Trust Indenture Act, as then in effect) satisfactory in form to the Trustee executed and delivered to the Trustee by the entity formed by such consolidation, or into which the Corporation, as the case may be, shall have been merged or convertedmerged, or by the entity which shall have acquired such property; (ii) in case the Corporation consolidates with, with or merges into or converts to another Person or conveys or transfers its properties and assets substantially then as an entirety to any Person, the successor Person is organized under the laws of the United States or any state or the District of Columbia; and (iii) immediately after giving effect thereto, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have occurred and be continuing.

CORPORATION MAY CONSOLIDATE, ETC. on Certain Terms. --------------------------------------------------- Nothing contained in this Indenture or in any of the Debentures Securities shall prevent any consolidation, conversion consolidation or merger of the Corporation with or into any other corporation or corporations Person (whether or not affiliated with the Corporation, as the case may be), or successive consolidations, conversions consolidations or mergers in which the CorporationCorporation or its successor or successors, as the case may be, or its successor or successors shall be a party or parties, or shall prevent any sale, conveyance, transfer or other disposition lease of the property of the Corporation, or its successor or successors as the case may be, or its successor or successors as an entirety, or substantially as an entirety, to any other corporation Person (whether or not affiliated with the Corporation, or its successor or successors, as the case may be, or its successor or successors) authorized to acquire and operate the same; provided, however, provided that (a) the Corporation hereby covenants is the surviving -------- Person, or the Person formed by or surviving any such consolidation or merger (if other than the Corporation) or to which such sale, conveyance, transfer or lease of property is made is a Person organized and agrees thatexisting under the laws of the United States or any State thereof or the District of Columbia, and (ib) if the Corporation is not the surviving Person, upon any such consolidation, conversion, merger, sale, conveyance, transfer or other dispositionlease, the due and punctual payment, in the case of the Corporation, payment of the principal of and interest on all of the Debentures, Securities according to their tenor and the due and punctual performance and observance of all the covenants and conditions of this Indenture and the Debentures to be kept or performed by the Corporation as the case may be, shall be expressly assumedassumed by the surviving Person, by supplemental indenture (which shall conform to the provisions of the Trust Indenture Act, Act as then in effect) satisfactory in form to the Debenture Trustee executed and delivered to the Debenture Trustee by the entity Person formed by such consolidation, or into which the CorporationCorporation shall have been merged, or by the Person which shall have acquired such property, as the case may be, shall have been merged or converted, or by the entity which shall have acquired such property; (ii) in case the Corporation consolidates with, merges into or converts to another Person or conveys or transfers its properties and assets substantially then as an entirety to any Person, the successor Person is organized under the laws of the United States or any state or the District of Columbia; and (iiic) immediately after giving effect theretoto such consolidation, merger, sale, conveyance, transfer or lease, no Default or Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, Default shall have occurred and be continuing.

CORPORATION MAY CONSOLIDATE, ETC. on Certain Terms Nothing contained in this Indenture or in any of the Junior Subordinated Debentures shall prevent any consolidation, conversion consolidation or merger of the Corporation with or into any other corporation or corporations Person (whether or not affiliated with the Corporation, as the case may be), or successive consolidations, conversions consolidations or mergers in which the CorporationCorporation or its successor or successors, as the case may be, or its successor or successors shall be a party or parties, or shall prevent any sale, conveyance, transfer or other disposition lease of the property of the Corporation, or its successor or successors as the case may be, or its successor or successors as an entirety, or substantially as an entirety, to any other corporation Person (whether or not affiliated with the Corporation, or its successor or successors, as the case may be, or its successor or successors) authorized to acquire and operate the same; provided, however, that (a) the Corporation hereby covenants is the surviving Person, or the Person formed by or surviving any such consolidation or merger (if other than the Corporation) or to which such sale, conveyance, transfer or lease of property is made is a Person organized and agrees thatexisting under the laws of the United States or any State thereof or the District of Columbia, and (ib) upon any such consolidation, conversion, merger, sale, conveyance, transfer or other dispositionlease, the due and punctual payment, in the case of the Corporation, payment of the principal of (and premium, if any) and interest on all of the Debentures, Junior Subordinated Debentures according to their tenor and the due and punctual performance and observance of all the covenants and conditions of this Indenture and the Debentures to be kept or performed by the Corporation as the case may be, shall be expressly assumed, by supplemental indenture (which shall conform to the provisions of the Trust Indenture Act, Act as then in effect) satisfactory in form to the Debenture Trustee executed and delivered to the Debenture Trustee by the entity Person formed by such consolidation, or into which the CorporationCorporation shall have been merged, or by the Person which shall have acquired such property, as the case may be, shall have been merged or converted, or by the entity which shall have acquired such property; (ii) in case the Corporation consolidates with, merges into or converts to another Person or conveys or transfers its properties and assets substantially then as an entirety to any Person, the successor Person is organized under the laws of the United States or any state or the District of Columbia; and (iiic) immediately after giving effect theretoto such consolidation, merger, sale, conveyance, transfer or lease, no Default or Debenture Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, Default shall have occurred and be continuing.

CORPORATION MAY CONSOLIDATE, ETC. Nothing contained in this Indenture or in any of the Debentures shall prevent any consolidation, conversion consolidation or merger of the Corporation with or into any other corporation or corporations (whether or not affiliated with the Corporation, as the case may be), or successive consolidations, conversions consolidations or 47 57 mergers in which the Corporation, as the case may be, or its successor or successors shall be a party or parties, or shall prevent any sale, conveyance, transfer or other disposition of the property of the Corporation, as the case may be, or its successor or successors as an entirety, or substantially as an entirety, to any other corporation (whether or not affiliated with the Corporation, as the case may be, or its successor or successors) authorized to acquire and operate the same; provided, however, the Corporation hereby covenants and agrees that, (i) upon any such consolidation, conversion, merger, sale, conveyance, transfer or other disposition, the due and punctual payment, in the case of the Corporation, of the principal of and interest on all of the Debentures, according to their tenor and the due and punctual performance and observance of all the covenants and conditions of this Indenture and the Debentures to be kept or performed by the Corporation as the case may be, shall be expressly assumed, by supplemental indenture (which shall conform to the provisions of the Trust Indenture Act, as then in effect) satisfactory in form to the Trustee executed and delivered to the Trustee by the entity formed by such consolidation, or into which the Corporation, as the case may be, shall have been merged or convertedmerged, or by the entity which shall have acquired such property; (ii) in case the Corporation consolidates with, with or merges into or converts to another Person or conveys or transfers its properties and assets substantially then as an entirety to any Person, the successor Person is organized under the laws of the United States or any state or the District of Columbia; and (iii) immediately after giving effect thereto, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have occurred and be continuing.