Common use of Merger/Sale of Assets/Dividends Clause in Contracts

Merger/Sale of Assets/Dividends. In case of any merger of the Company with or into any other Company (other than a merger in which the Company is the surviving or continuing Company and which does not result in any reclassification, exchange, or change of the outstanding shares of Common Stock) then unless the right to exchange Notes shall have terminated, as part of such merger provision shall be made so that Holders of Notes shall thereafter have the right to exchange Notes held by such Holder into the kind and amount of shares of stock and/or other securities or property receivable upon such merger by a holder of the number of shares of Common Stock into which such Notes might have been exchanged immediately prior to such consolidation or merger. The foregoing provisions of this Paragraph 4 shall similarly apply to successive mergers.

Merger/Sale of Assets/Dividends. (a) In case of any merger of the Company with or into any other Company (other than a merger in which the Company is the surviving or continuing Company and which does not result in any reclassification, exchange, or change of the outstanding shares of Common Stock) then unless the right to exchange Notes shall have terminated, as part of such merger provision shall be made so that Holders of Notes shall thereafter have the right to exchange Notes held by such Holder into the kind and amount of shares of stock and/or other securities or property receivable upon such merger by a holder of the number of shares of Common Stock into which such Notes might have been exchanged immediately prior to such consolidation or merger. The foregoing provisions of this Paragraph 4 shall similarly apply to successive mergers.