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

Issuer May Consolidate, etc., on Certain Terms. Subject to the provisions of Section 8.02, nothing contained in this Indenture or in any of the Securities shall prevent any consolidation of merger of the Issuer with or into any other Person or Persons (whether or not affiliated with the Issuer), or successive consolidations or mergers in which the Issuer or its successor or successors shall be a party or parties, or shall prevent any sale, conveyance or lease (or successive sales, conveyances or leases) of all or substantially all of the property of the Issuer, to any other Person (whether or not affiliated with the Issuer), authorized to acquire and operate the same and that shall be organized under the laws of the United States of America, any state thereof or the District of Columbia upon any such consolidation, merger, sale, conveyance or lease, the due and punctual payment of the principal of and premium, if any, and interest on all of the Securities, according to their tenor and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed by the Issuer, shall be expressly assumed, by supplemental indenture satisfactory in form to the Trustee, executed and delivered to the Trustee by the Person (if other than the Issuer) formed by such consolidation, or into which the Issuer shall have been merged, or by the Person that shall have acquired or leased such property, and such supplemental indenture shall provide for conversion rights (if applicable).

Issuer May Consolidate, etc., on Certain Terms. Subject to the provisions of Section 8.02, nothing contained in this Indenture The Issuer covenants that it will not merge or in any of the Securities shall prevent any consolidation of merger of the Issuer consolidate with or into any other Person or Persons sell, lease or convey all or substantially all of its assets to any Person, unless (whether or not affiliated with i) either the Issuer)Issuer shall be the continuing corporation, or successive consolidations the successor Person formed by such consolidation, or mergers in into which the Issuer or its successor or successors shall be a party or partiesis merged, or shall prevent any the Person which acquires by sale, lease or conveyance or lease (or successive sales, conveyances or leases) of all or substantially all the assets of the property of Issuer (if other than the Issuer, to any other Person (whether or not affiliated with the Issuer), authorized to acquire and operate the same and that ) shall be a corporation, partnership, limited liability company, business trust, trust or other legal entity organized and validly existing under the laws of the United States of America, America or any state State thereof or the District of Columbia upon any such consolidation, merger, sale, conveyance or lease, and shall expressly assume the due and punctual payment of the principal of and premium, if any, and interest on all of the SecuritiesNotes, according to their tenor tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed or observed by the Issuer, shall be expressly assumed, by supplemental indenture satisfactory in form to the Trustee, executed and delivered to the Trustee by such entity, and (ii) the Person (if other than Issuer or such successor Person, as the Issuer) formed by case may be, shall not, immediately after such merger or consolidation, or into which such sale, lease or conveyance, be in default in the Issuer shall have been merged, performance of any such covenant or by the Person that shall have acquired or leased such property, and such supplemental indenture shall provide for conversion rights (if applicable)condition.

Issuer May Consolidate, etc., on Certain Terms. Subject to the provisions of Section 8.02, nothing contained in this Indenture The Issuer covenants that it will not merge or in any of the Securities shall prevent any consolidation of merger of the Issuer consolidate with or into any other Person or Persons sell, convey or transfer all or substantially all of its assets to any other Person (whether or not affiliated with other than the Issuer), or successive consolidations or mergers in which the Issuer or its successor or successors shall be a party or parties, or shall prevent any sale, conveyance or lease (or successive sales, conveyances or leases) transfer of all or substantially all of the property Issuer’s assets to one or more Subsidiaries), unless (i) either the Issuer shall be the continuing corporation, or the successor Person or the Person that acquires by sale, conveyance or transfer substantially all the assets of the Issuer (such successor Person or such Person that acquires by sale, conveyance or transfer substantially all the assets of the Issuer, to any other Person (whether or not affiliated with the Issuer), authorized to acquire and operate the same and that a “Successor Person”) shall be a corporation or limited liability company organized under the laws of the United States of America, America or any state State thereof or the District of Columbia upon any such consolidationand, mergerif other than the Issuer, sale, conveyance or lease, shall expressly assume the due and punctual payment of the principal of of, interest on and premiumother amounts due under all the Securities and Coupons, if any, and interest on all of the Securities, according to their tenor tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed or observed by the Issuer, shall be expressly assumed, by supplemental indenture satisfactory in form to the Trustee, executed and delivered to the Trustee by such corporation, and (ii) the Person (if other than Issuer or such Successor Person, as the Issuer) formed by case may be, shall not, immediately after such merger or consolidation, or into which such sale, conveyance or transfer, be in default in the Issuer shall have been merged, performance of any such covenant or by the Person that shall have acquired or leased such property, and such supplemental indenture shall provide for conversion rights (if applicable)condition.

Issuer May Consolidate, etc., on Certain Terms. Subject to the provisions of Section 8.02, nothing contained in this Indenture or in any of the Securities shall prevent any consolidation of or merger of the Issuer with or into any other Person or Persons (whether or not affiliated with the Issuer), or successive consolidations or mergers in which the Issuer or its successor or successors shall be a party or parties, or shall prevent any sale, conveyance or lease (or successive sales, conveyances or leases) of all or substantially all of the property of the Issuer, to any other Person (whether or not affiliated with the Issuer), authorized to acquire and operate the same and that shall be organized under the laws of the United States of America, any state thereof or the District of Columbia upon any such consolidation, merger, sale, conveyance or lease, the due and punctual payment of the principal of and premium, if any, and interest on all of the Securities, according to their tenor and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed by the Issuer, shall be expressly assumed, by supplemental indenture satisfactory in form to the Trustee, executed and delivered to the Trustee by the Person (if other than the Issuer) formed by such consolidation, or into which the Issuer shall have been merged, or by the Person that shall have acquired or leased such property, and such supplemental indenture shall provide for conversion rights (if applicable).

Issuer May Consolidate, etc., on Certain Terms. Subject to the provisions of Section 8.02, nothing contained in this Indenture The Issuer covenants that it will not merge or in any of the Securities shall prevent any consolidation of merger of the Issuer consolidate with or into any other Person corporation or Persons (whether sell or not affiliated with the Issuer), or successive consolidations or mergers in which the Issuer or its successor or successors shall be a party or parties, or shall prevent any sale, conveyance or lease (or successive sales, conveyances or leases) of convey all or substantially all of its assets to any Person, unless (a) either the property Issuer shall be the continuing corporation, or the successor corporation or the Person which acquires by sale or conveyance substantially all the assets of the Issuer, to any Issuer (if other Person (whether or not affiliated with than the Issuer), authorized to acquire and operate the same and that ) shall be a corporation organized under the laws of the United States of America, America or any state State thereof or the District of Columbia upon any such consolidation, merger, sale, conveyance or lease, and shall expressly assume the due and punctual payment of the principal of and premium, if any, and interest on all of the Securities, according to their tenor tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed or observed by the Issuer, Issuer and shall be expressly assumedhave provided for conversion rights in accordance with Section 13.11, by supplemental indenture satisfactory in form reasonably satisfactory to the Trustee, executed and delivered to the Trustee by such corporation, and (b) the Person (if other than Issuer or such successor corporation, as the Issuer) formed by case may be, shall not, immediately after such merger or consolidation, or into which such sale or conveyance, be in default in the Issuer shall have been merged, performance of any such covenant or by the Person that shall have acquired or leased such property, and such supplemental indenture shall provide for conversion rights (if applicable)condition of this Indenture.

Issuer May Consolidate, etc., on Certain Terms. Subject to the provisions of Section 8.02, nothing Nothing contained in this Indenture or in any of the Securities shall prevent any consolidation of or merger of the Issuer with or into any other Person corporation, or Persons corporations (whether or not affiliated with the Issuer), or successive consolidations or mergers in which the Issuer or its successor or successors shall be a party or parties, or shall prevent any sale, conveyance lease, exchange or lease (or successive sales, conveyances or leases) other disposition of all or substantially all the property and assets of the property of the Issuer, Issuer to any other Person corporation (whether or not affiliated with the Issuer), ) authorized to acquire and operate the same same; provided, however, and the Issuer hereby covenants and agrees, that any such consolidation, merger, sale, lease, exchange or other disposition shall be upon the conditions that (a) the corporation (if other than the Issuer) formed by or surviving any such consolidation or merger, or to which such sale, lease, exchange or other disposition shall have been made, shall be a corporation organized under the laws of the United States of America, any state thereof or the District of Columbia upon any such consolidation, merger, sale, conveyance or lease, Columbia; and (b) the due and punctual payment of the principal of and premiuminterest, if any, and interest on all of the Securities, according to their tenor tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed by the Issuer, shall be expressly assumed, by supplemental indenture satisfactory in form to the Trustee, Trustee executed and delivered to the Trustee Trustee, by the Person corporation (if other than the Issuer) formed by such consolidation, or into which the Issuer shall have been merged, or by the Person that corporation which shall have acquired or leased such property, property and such supplemental indenture shall provide for conversion rights (if applicable)assets.