Common use of NOTES TO BE SECURED IN CERTAIN EVENTS Clause in Contracts

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any consolidation or amalgamation of the Company or the Guarantor, as applicable, with or merger of the Company or the Guarantor, as applicable, into any other Person, or upon any conveyance, transfer, lease or disposition of the properties and assets of the Company or the Guarantor, as applicable, substantially as an entirety to any Person by liquidation, winding-up or otherwise (in one transaction or a series of related transactions), in each case in accordance with Section 701 of the Indenture, in the case of the Company, or Section 703 of this Supplemental Indenture, in the case of the Guarantor, any property or asset of the Company or of any Subsidiary, would thereupon become subject to any Lien, then, unless such Lien could be created pursuant to Section 502 without equally and ratably securing the Notes, the Company or the Guarantor, as applicable, prior to or simultaneously with such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition, will, as to such property or asset, secure the Notes Outstanding hereunder (together with, if the Company or the Guarantor shall so determine, any other Debt of the Company or the Guarantor now existing or hereafter created which is not subordinate to the Notes) equally and ratably with (or prior to) the Debt which upon such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition is to become secured as to such property or asset by such Lien, or will cause such Notes to be so secured.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any consolidation or amalgamation of the Company or the a Guarantor, as applicable, with or merger of the Company or the a Guarantor, as applicable, into any other Person, or upon any conveyance, transfer, lease or disposition of the properties and assets of the Company or the a Guarantor, as applicable, substantially as an entirety to any Person by liquidation, winding-up or otherwise (in one transaction or a series of related transactions), in each case in accordance with Section 701 of the Indenture, in the case of the Company, or Section 703 of this Supplemental Indenture, in the case of the a Guarantor, any property or asset of the Company or of any Subsidiary, would thereupon become subject to any Lien, then, unless such Lien could be created pursuant to Section 502 without equally and ratably securing the Notes, the Company or the Guarantor, as applicable, prior to or simultaneously with such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition, will, as to such property or asset, secure the Notes Outstanding hereunder (together with, if the Company or the such Guarantor shall so determine, any other Debt of the Company or the such Guarantor now existing or hereafter created which is not subordinate to the Notes) equally and ratably with (or prior to) the Debt which upon such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition is to become secured as to such property or asset by such Lien, or will cause such Notes to be so secured.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any consolidation or amalgamation of the Company or the Guarantor, as applicable, with or merger of the Company or the Guarantor, as applicable, into any other Person, or upon any conveyance, transfer, lease or disposition of the properties and assets of the Company or the Guarantor, as applicable, substantially as an entirety to any Person by liquidation, winding-up winding−up or otherwise (in one transaction or a series of related transactions), in each case in accordance with Section 701 of the Indenture, in the case of the Company, or Section 703 of this Supplemental Indenture, in the case of the Guarantor, any property or asset of the Company or of any Subsidiary, would thereupon become subject to any Lien, then, unless such Lien could be created pursuant to Section 502 without equally and ratably securing the Notes, the Company or the Guarantor, as applicable, prior to or simultaneously with such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition, will, as to such property or asset, secure the Notes Outstanding hereunder (together with, if the Company or the Guarantor shall so determine, any other Debt of the Company or the Guarantor now existing or hereafter created which is not subordinate to the Notes) equally and ratably with (or prior to) the Debt which upon such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition is to become secured as to such property or asset by such Lien, or will cause such Notes to be so secured.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation or amalgamation of the Company or the Guarantor, as applicable, Parent with or merger of the Company or the GuarantorParent into any other corporation, or upon any sale, assignment, conveyance, lease or transfer of the property of the Company or the Parent substantially as applicable, into an entirety to any other Person, any property or upon any conveyance, transfer, lease or disposition of the properties and assets of the Company or the Guarantor, Parent (as applicable, substantially as an entirety to any Person by liquidation, winding-up or otherwise (in one transaction or a series of related transactions), in each case in accordance with Section 701 of the Indenture, in the case of the Company, or Section 703 of this Supplemental Indenture, in the case of the Guarantor, any property or asset of the Company or of any Subsidiary, may be) would thereupon become subject to any Lien, then, then unless such Lien could be created pursuant to Section 502 1015 without equally and ratably securing the Notes, the Company or the Guarantor, Parent (as applicablethe case may be), prior to or simultaneously with such consolidation, amalgamationmerger, mergersale, assignment, conveyance, lease or transfer, lease or disposition, will, shall as to such property or assetassets, secure the Notes Outstanding hereunder or the Guarantees (as the case may be) (together with, if the Company or the Guarantor Parent (as the case may be) shall so determine, any other Debt Indebtedness of the Company or the Guarantor Parent (as the case may be) now existing or hereafter hereinafter created which is not subordinate in right of payment to the NotesNotes or the Guarantees, as the case may be)) equally and ratably with (or prior to) the Debt Indebtedness which upon such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition transfer is to become secured as to such property or asset assets by such Lien, or will shall cause such Notes or Guarantees to be so secured.. AMENDMENTS TO "SUPPLEMENTAL INDENTURES" SECTION 110. AMENDMENT TO SECTION 901. Section 901 of the Indenture is hereby amended by deleting the existing Section 901 in its entirety and replacing it with the following:

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any consolidation consolidation, merger, sale, conveyance or amalgamation of the Company or the Guarantor, as applicable, with or merger of the Company or the Guarantor, as applicable, into any other Personlease referred to in Section 9.1, or upon any conveyanceconsolidation or merger of any Restricted Subsidiary, transferor upon any sale, conveyance or lease of all or disposition substantially all the property of the properties and assets of the Company or the Guarantor, as applicable, substantially as an entirety any Restricted Subsidiary to any Person by liquidation, winding-up or otherwise (in one transaction or a series of related transactions), in each case in accordance with Section 701 of the Indenture, in the case of the Company, or Section 703 of this Supplemental Indenture, in the case of the Guarantorother corporation, any property or asset Principal Property of the Company or of any SubsidiaryRestricted Subsidiary or any shares of capital stock or indebtedness of any Restricted Subsidiary which is owned immediately after such consolidation, merger, sale, conveyance or lease by the Company or a Restricted Subsidiary or a successor to the Company pursuant to Sections 9.1 and 9.3 would thereupon become subject to any Lienmortgage, thensecurity interest, unless pledge, lien or encumbrance (other than a mortgage, security interest, pledge, lien or encumbrance in favor of the Company, a Restricted Subsidiary or any such Lien could be created pursuant to Section 502 without equally and ratably securing the Notessuccessor), the Company or the Guarantor, as applicableCompany, prior to or simultaneously concurrently with such consolidation, amalgamation, merger, conveyancesale, transferconveyance or lease, lease or disposition, will, as to such property or asset, secure will effectively provide that the Notes Outstanding hereunder shall be secured (together equally and ratably with, if the Company or the Guarantor shall so determine, any other Debt indebtedness of or guaranteed by the Company or the Guarantor now existing or hereafter created which is not subordinate to a Restricted Subsidiary ranking equally with the Notes) equally and ratably with (by a direct lien on such Principal Property, shares of stock or indebtedness, prior to) the Debt which upon to all liens other than any theretofore existing thereon, so long as such consolidationPrincipal Property, amalgamation, merger, conveyance, transfer, lease shares of stock or disposition is to become secured as indebtedness shall be subject to such property mortgage, security interest, pledge, lien or asset by such Lien, or will cause such Notes to be so securedencumbrance.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation or amalgamation of the Company or the Guarantor, as applicable, and/or Guarantor with or merger of the Company and/or Guarantor with or the Guarantor, as applicable, into any other Personcorporation, or upon any conveyance, transfer, lease or disposition transfer of the properties and assets property of the Company or the Guarantor, as applicable, and/or Guarantor substantially as an entirety to any Person by liquidation, winding-up or otherwise (in one transaction or a series of related transactions), in each case in accordance with Section 701 of the Indenture, in the case of the Company, or Section 703 of this Supplemental Indenture, in the case of the Guarantorother Person, any property or asset assets of the Company or of any Subsidiary, and/or Guarantor would thereupon become subject to any LienLien of Subordinated Indebtedness of the Company, thenor the Guarantor, then unless such Lien could be created pursuant to Section 502 10.12 without equally and ratably securing the Notes, the Company or the and/or Guarantor, as applicable, prior to or simultaneously with such consolidation, amalgamation, merger, conveyance, lease or transfer, lease or disposition, will, will as to such property or assetassets, secure the Notes Outstanding hereunder (together with, if the Company or the and/or Guarantor shall so determine, any other Debt Indebtedness of the Company and/or Guarantor or the Guarantor any Subsidiary now existing or hereafter hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) to the Debt Indebtedness which upon such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition transfer is to become secured as to such property or asset assets by such Lien, or will cause such Notes to be so secured.