Common use of Issuer May Consolidate, etc., on Certain Terms Clause in Contracts

Issuer May Consolidate, etc., on Certain Terms. The Company shall not consolidate with, enter into a binding share exchange with, or merge with or into, any other Person in a transaction in which it is not the surviving entity, or sell, assign, convey, transfer or lease or otherwise dispose of all or substantially all of its properties and assets to any Person (a “successor person”), unless (i) it complies with the requirements of Article 5 of the Base Indenture which, for the avoidance of doubt, requires the performance and observance of every covenant of the Indenture, including providing for the conversion rights set forth under Article 6 of this Supplemental Indenture, and (ii) the successor person is a corporation organized and validly existing under the laws of the Mxxxxxxx Islands, the United States, any state of the United States or the District of Columbia.

Issuer May Consolidate, etc., on Certain Terms. The Company shall not consolidate with, enter into a binding share exchange with, or merge with or into, any other Person in a transaction in which it is not the surviving entity, or sell, assign, convey, transfer or lease or otherwise dispose of all or substantially all of its properties and assets to any Person (a “successor person”), unless (i) it complies with the requirements of Article 5 of the Base Indenture which, for the avoidance of doubt, requires the performance and observance of every covenant of the Indenture, including providing for the conversion rights set forth under Article 6 of this Supplemental Indenture, and (ii) the successor person is a corporation organized and validly existing under the laws of the Mxxxxxxx Xxxxxxxx Islands, the United States, any state of the United States or the District of Columbia.

Issuer May Consolidate, etc., on Certain Terms. The Company shall not consolidate with, enter into a binding share exchange withexchange, or merge with or into, into any other Person in a transaction in which it is not the surviving entity, or sell, assign, convey, transfer or lease or otherwise dispose of all or substantially all of its properties and assets to any Person (a “successor person”), unless (i) it complies with the requirements of Article 5 of under the Base Indenture which, for the avoidance of doubt, requires the performance and observance of every covenant of the Indenture, including providing for the conversion rights set forth under Article 6 of this Supplemental Supplement Indenture, and (ii) the successor person is a corporation organized and validly existing under the laws of the Mxxxxxxx Xxxxxxxx Islands, England and Wales, the United States, any state of the United States or the District of Columbia.