Common use of Merger, Consolidation, Conveyance or Transfer Clause in Contracts

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entirety, then in any such event the successor, if other than the Company, shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect as if it had been named herein and in the Warrant Certificates as the Company. The Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that theretofore shall not have been signed by the Company. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion of Counsel as conclusive evidence that any such merger, consolidation, conveyance, transfer or assumption complies with the provisions of this Section.

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entiretyentirety as permitted under the Indenture, then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect, subject to the Indenture, as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Company as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name pursuant to the Indenture, in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indenture.

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entiretyentirety as permitted under the Indentures, then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect, subject to the Indentures, as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Company as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name pursuant to the Indentures, in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indentures.

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entiretyentirety [as permitted under the Indenture], then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect[, subject to the Indenture,] as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Company as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name [,pursuant to the Indenture,] in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indenture. [Add Anti-Dilution provisions as necessary.]

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entiretyentirety [as permitted under the Indenture], then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect[, subject to the Indenture,] as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Company as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name [, pursuant to the Indenture], in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indentures. [Add Anti-Dilution provisions as necessary.]

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entirety, then in any such event the successor, if other than the Company, shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect as if it had been named herein and in the Warrant Certificates as the Company. The Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name, in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection 3.04.

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entiretyentirety [as permitted under the Indenture], then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect [, subject to the Indenture,] as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Company as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name [, pursuant to the Indenture,] in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indenture.

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entiretyentirety [as permitted under the Indenture], then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect [, subject to the Indenture,] as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Company as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name [, pursuant to the Indenture], in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indentures. [Add Anti-Dilution provisions as necessary.]

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entiretyentirety [as permitted under the Indenture], then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect [, subject to the Indenture,] as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Company as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name [, pursuant to the Indenture,] in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indenture. [Add Anti-Dilution provisions as necessary.]

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entiretyentirety [as permitted under the Indenture], then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect[, subject to the Indenture,] as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Company as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name[, pursuant to the Indenture], in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indentures. [Add Anti-Dilution provisions as necessary.]

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entirety, then in any such event the successorsuccessor or assuming corporation, if other than the Company, shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect (subject to the Indenture, in the case of Warrants to purchase or sell Warrant Securities) as if it had been named herein and in the Warrant Certificates as the Company. The Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that theretofore shall not have been signed by the CompanyCompany (and, in the case of Warrants to purchase or sell Warrant Securities, may execute and deliver Warrant Securities in its own name pursuant to the Indenture, in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants). All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion of Counsel as conclusive evidence that any such merger, consolidation, conveyance, transfer or assumption complies with the provisions of this SectionSection and the Indenture (in the case of Warrants to purchase or sell Warrant Securities).

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company merges or a conveyance consolidates with any other person or transfer sells or conveys all or substantially all of its property and assets substantially as an entiretyto any other person, then in any such event the successor, if other than the Company, shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect as if it had been named herein and in the Warrant Certificates as the Company. The Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that theretofore shall not have been signed by the Company. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion of Counsel as conclusive evidence that any such merger, consolidation, conveyance, transfer or assumption complies with the provisions of this Section.

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance sale, conveyance, transfer, lease or transfer other disposition of its property and assets substantially as an entiretyentirety [as permitted under the Indenture], then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect[, subject to the Indenture,] as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, thereupon be relieved of any further obligation discharged from all obligations hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name[, pursuant to the Indenture], in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or sale, conveyance, transfer, lease or other disposition such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, consolidation or transfer or assumption complies with the provisions of this SectionSection and the Indentures. [Add Anti-Dilution provisions as necessary.]

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a merger, consolidation, conveyance or transfer of its property and assets substantially as an entiretypermitted under the Indenture, then in any such event the successor, successor corporation (if other than not the Company, ) or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect, subject to such Indenture, as if it had been named herein and in the Warrant Certificates Warrants as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, thereupon be relieved of any further obligation hereunder and or under the Universal Warrants and the Warrant Certificates, and the Company, as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidatedWarrants. Such successor and or assuming corporation thereupon may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case the event of any such consolidation, merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) . The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel as conclusive evidence that any such consolidation, merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection 3.04 and the Indenture. ARTICLE IV EXCHANGE AND TRANSFER OF WARRANT CERTIFICATES

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company Issuer or a conveyance or transfer of its property and assets substantially as an entirety, then in any such event the successor, if other than the CompanyIssuer, shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the CompanyIssuer, with the same effect as if it had been named herein and in the Warrant Certificates as the CompanyIssuer. The Company Issuer shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the CompanyIssuer, as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the CompanyIssuer, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that theretofore shall not have been signed by the CompanyIssuer. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion of Counsel as conclusive evidence that any such merger, consolidation, conveyance, transfer or assumption complies with the provisions of this Section.

Merger, Consolidation, Conveyance or Transfer. (a) Error! Bookmark not defined. If at any time there shall be a merger or consolidation of the Company or a conveyance sale, conveyance, transfer, lease or transfer other disposition of its property and assets substantially as an entiretyentirety [as permitted under the Indenture], then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect[, subject to the Indenture,] as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, thereupon be relieved of any further obligation discharged from all obligations hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name[, pursuant to the Indenture], in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or sale, conveyance, transfer, lease or other disposition such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion of Counsel as conclusive evidence that any such merger, consolidation, conveyance, transfer or assumption complies with the provisions of this Section.

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entiretyentirety [as permitted under the Indenture], then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect[, subject to the Indenture,] as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Company as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name[, pursuant to the Indenture], in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate.Warrants (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indentures. [Add Anti-Dilution provisions as necessary.]

Merger, Consolidation, Conveyance or Transfer. (a) Error! Bookmark not defined. If at any time there shall be a merger or consolidation of the Company or a conveyance sale, conveyance, transfer, lease or transfer other disposition of its property and assets substantially as an entiretyentirety[as permitted under the Indenture], then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect[, subject to the Indenture,] as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, thereupon be relieved of any further obligation discharged from all obligations hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name [,pursuant to the Indenture,] in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or sale, conveyance, transfer, lease or other disposition such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion of Counsel as conclusive evidence that any such merger, consolidation, conveyance, transfer or assumption complies with the provisions of this Section.

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger the Partnership merges or consolidation of the Company consolidates with any other person or a conveyance transfers all or transfer substantially all of its property and assets substantially to any other person as an entiretypermitted under the Indenture, then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the CompanyPartnership, with the same effect effect, subject to the Indenture, as if it had been named herein and in the Warrant Certificates as the Company. The Company Partnership; the Partnership shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Partnership as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the CompanyPartnership, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the CompanyPartnership, and may execute and deliver Warrant Securities in its own name pursuant to the Indenture, in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indenture.

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company or a conveyance sale, conveyance, transfer, lease or transfer other disposition of its property and assets substantially as an entiretyentirety[as permitted under the Indenture], then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect[, subject to the Indenture,] as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, thereupon be relieved of any further obligation discharged from all obligations hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name [, pursuant to the Indenture,] in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or sale, conveyance, transfer, lease or other disposition such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, consolidation or transfer or assumption complies with the provisions of this SectionSection and the Indenture. [ Add Anti-Dilution provisions as necessary.]

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company merges or a conveyance consolidates with any other person or transfer sells or conveys all or substantially all of its property and assets substantially to any other person as an entiretypermitted under the Indenture, then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect, subject to the Indenture, as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Company as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name pursuant to the Indenture, in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indenture.

Merger, Consolidation, Conveyance or Transfer. (a) If --------------------------------------------- at any time there shall be a merger or consolidation of the Company or a conveyance or transfer of its property and assets substantially as an entiretyentirety as permitted under the Indenture, then in any such event the successor, if other than the Company, successor or assuming corporation referred to therein shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect effect, subject to the Indenture, as if it had been named herein and in the Warrant Certificates as the Company. The ; the Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant Certificates, and the Company, Company as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and or assuming corporation may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Warrant Certificates evidencing any or all of the Universal Warrants issuable hereunder that which theretofore shall not have been signed by the Company, and may execute and deliver Warrant Securities in its own name pursuant to the Indenture, in fulfillment of its obligations to deliver Warrant Securities upon exercise of the Warrants. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion a written opinion of Counsel legal counsel (who shall be acceptable to the Warrant Agent) as conclusive evidence that any such merger, consolidation, conveyance, conveyance or transfer or assumption complies with the provisions of this SectionSection and the Indenture.

Merger, Consolidation, Conveyance or Transfer. (a) If at any time there shall be a merger or consolidation of the Company merges or a conveyance consolidates with any other Person (as defined below) or transfer sells or conveys all or substantially all of its property and assets substantially as an entiretyto any other Person, then in any such event the successor, if other than the Company, shall by an instrument of assumption delivered to the Warrant Agent succeed to and be substituted for the Company, with the same effect as if it had been named herein and in the Warrant Certificates Warrants as the Company. The Company shall thereupon, except in the case of a transfer by way of lease, be relieved of any further obligation hereunder and under the Universal Warrants and the Warrant CertificatesWarrants, and the Company, as the predecessor corporation, except in the case of a transfer by way of lease, may thereupon or at any time thereafter be dissolved, wound up or liquidated. Such successor and assuming corporation Person may thereupon cause to be signed, and may issue either in its own name or in the name of the Company, Global Warrant Certificates or Warrant Certificates, as the case may be, evidencing any or all of the Universal Warrants issuable hereunder that theretofore shall not have been signed by the Company. All the Universal Warrants so issued shall in all respects have the same legal rank and benefit under this Agreement as the Universal Warrants theretofore or thereafter issued in accordance with the terms of this Agreement as though all of such Universal Warrants had been issued at the date of the execution hereof. In any case of any such merger, consolidation, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Warrant Certificates representing the Universal Warrants thereafter to be issued as may be appropriate. (b) The Warrant Agent may receive an Opinion of Counsel as conclusive evidence that any such merger, consolidation, conveyance, transfer or assumption complies with the provisions of this Section.