Common use of Reference to Supplemental Agreements Clause in Contracts

Reference to Supplemental Agreements. Unit Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article may, and shall if required by the Unit Agent, bear a notation in form approved by the Unit Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Unit Certificates so modified as to conform, in the opinion of the Unit Agent and the Company, to any such supplemental agreement may be prepared and executed by the Company and authenticated, executed on behalf of the Holders and delivered by the Unit Agent in exchange for Outstanding Unit Certificates evidencing the same number of Normal Units or Stripped Units, as the case may be. ARTICLE NINE Consolidation, Merger, Sale or Conveyance Section 901. Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions. The Company covenants that it will not merge or consolidate with any other Person or sell or convey all or substantially all of its assets to any Person, except that the Company may merge or consolidate with, or sell or convey all or substantially all of its assets to, any other Person, provided that (a) the Company shall be the continuing corporation, or the successor (if other than the Company) shall be a corporation organized and existing under the laws of the United States of America or a State thereof and such corporation shall assume the obligations of the Company under the Purchase Contracts and the Pledge Agreement by one or more supplemental agreements in form satisfactory to the Unit Agent and, in the case of the Pledge Agreement, the Collateral Agent, executed and delivered to the Unit Agent, and, in the case of the Pledge Agreement, the Collateral Agent by such corporation, and (b) the Company or such successor corporation, as the case may be, shall not, immediately after such merger or consolidation, or such sale or conveyance, be in default in the performance of any covenant or condition under any Principal Agreement or under any of the Units. Section 902.

Reference to Supplemental Agreements. Unit Security Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article may, and shall if required by the Unit Agent, bear a notation in form approved by the Unit Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Unit Security Certificates so modified as to conform, in the opinion of the Unit Agent and the Company, to any such supplemental agreement may be prepared and executed by the Company and authenticated, executed on behalf of the Holders and delivered by the Unit Agent in exchange for Outstanding Unit Certificates evidencing the same number of Normal Units or Stripped Units, as the case may beSecurity Certificates. ARTICLE NINE ConsolidationCONSOLIDATION, MergerMERGER, Sale or Conveyance Section SALE OR CONVEYANCE SECTION 901. Covenant Not to MergeCOVENANT NOT TO MERGE, ConsolidateCONSOLIDATE, Sell or Convey Property Except Under Certain ConditionsSELL OR CONVEY PROPERTY EXCEPT UNDER CERTAIN CONDITIONS. The Company covenants that it will not merge or consolidate with any other Person or sell or convey all or substantially all of its assets to any Person, except that the Company may merge or consolidate with, or sell or convey all or substantially all of its assets to, any other Person, provided that (ai) the Company shall be the continuing corporation, or the successor (if other than the Company) shall be a corporation organized and existing under the laws of the United States of America or a State thereof and such corporation shall assume the obligations of the Company under the Purchase Contracts Contracts, this Agreement and the Pledge Agreement by one or more supplemental agreements in form satisfactory to the Unit Agent and, in the case of the Pledge Agreement, and the Collateral Agent, executed and delivered to the Unit Agent, and, in the case of the Pledge Agreement, Agent and the Collateral Agent by such corporation, and (bii) the Company or such successor corporation, as the case may be, shall not, immediately after such merger or consolidation, or such sale or conveyance, be in default in the performance of any covenant or condition under any Principal Agreement or under any of the Units. Section 902.in

Reference to Supplemental Agreements. Unit Security Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article may, and shall if required by the Unit Agent, bear a notation in form approved by the Unit Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Unit Security Certificates so modified as to conform, in the opinion of the Unit Agent and the Company, to any such supplemental agreement may be prepared and executed by the Company and authenticated, executed on behalf of the Holders and delivered by the Unit Agent in exchange for Outstanding Unit Certificates evidencing the same number of Normal Units or Stripped Units, as the case may beSecurity Certificates. ARTICLE NINE ConsolidationCONSOLIDATION, MergerMERGER, Sale or Conveyance Section SALE OR CONVEYANCE SECTION 901. Covenant Not to MergeCOVENANT NOT TO MERGE, ConsolidateCONSOLIDATE, Sell or Convey Property Except Under Certain ConditionsSELL OR CONVEY PROPERTY EXCEPT UNDER CERTAIN CONDITIONS. The Company covenants that it will not merge or consolidate with any other Person or sell or convey all or substantially all of its assets to any Person, except that the Company may merge or consolidate with, or sell or convey all or substantially all of its assets to, any other Person, provided that (ai) the Company shall be the continuing corporation, or the successor (if other than the Company) shall be a corporation organized and existing under the laws of the United States of America or a State thereof and such corporation shall assume the obligations of the Company under the Purchase Contracts Contracts, this Agreement and the Pledge Agreement by one or more supplemental agreements in form satisfactory to the Unit Agent and, in the case of the Pledge Agreement, and the Collateral Agent, executed and delivered to the Unit Agent, and, in the case of the Pledge Agreement, Agent and the Collateral Agent by such corporation, and (bii) the Company or such successor corporation, as the case may be, shall not, immediately after such merger or consolidation, or such sale or conveyance, be in default in the performance of any covenant or condition under any Principal Agreement or hereunder, under any of the Units. Section 902Securities or under the Pledge Agreement.

Reference to Supplemental Agreements. Unit Security Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article may, and shall if required by the Unit Agent, bear a notation in form approved by the Unit Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Unit Security Certificates so modified as to conform, in the opinion of the Unit Agent and the Company, to any such supplemental agreement may be prepared and executed by the Company and authenticated, executed on behalf of the Holders and delivered by the Unit Agent in exchange for Outstanding Unit Certificates evidencing the same number of Normal Units or Stripped Units, as the case may beSecurity Certificates. ARTICLE NINE Consolidation, Merger, Sale or Conveyance Section 901. Covenant Not to MergeCOVENANT NOT TO MERGE, ConsolidateCONSOLIDATE, Sell or Convey Property Except Under Certain ConditionsSELL OR CONVEY PROPERTY EXCEPT UNDER CERTAIN CONDITIONS. The Company covenants that it will not merge or consolidate with any other Person or sell or convey all or substantially all of its assets to any Person, except that the Company may merge or consolidate with, or sell or convey all or substantially all of its assets to, any other Person, provided that (ai) the Company shall be the continuing corporationentity, or the successor (if other than the Company) shall be a corporation entity organized and existing under the laws of the United States of America or a State thereof and such corporation entity shall assume the obligations of the Company under the Purchase Contracts Contracts, this Agreement and the Pledge Agreement by one or more supplemental agreements in form satisfactory to the Unit Agent and, in the case of the Pledge Agreement, and the Collateral Agent, executed and delivered to the Unit Agent, and, in the case of the Pledge Agreement, Agent and the Collateral Agent by such corporationentity, and (bii) the Company or such successor corporationentity, as the case may be, shall not, immediately after such merger or of consolidation, or such sale or conveyance, be in default in the performance of any covenant or condition under any Principal Agreement or hereunder, under any of the Units. Section 902Securities or under the Pledge Agreement.