Common use of Reference to Supplemental Agreements Clause in Contracts

Reference to Supplemental Agreements. Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article VIII may, and shall if required by the Purchase Contract Agent, bear a notation in form approved by the Purchase Contract Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Certificates so modified as to conform, in the opinion of the Purchase Contract 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 Purchase Contract Agent in exchange for Outstanding Certificates. DB1/ 132079547.5 SECTION 9.1. Covenant Not to Consolidate, Merge, Sell, Convey, Transfer or Lease Property Except Under Certain Conditions. The Company covenants that it will not merge or consolidate with or into any other Person or sell, assign, transfer, lease or convey all or substantially all of its properties and assets to any Person or group of affiliated Persons in one transaction or a series of related transactions, unless (i) either the Company shall be the continuing entity or the successor (if other than the Company) shall be a Person, other than an individual, organized and existing under the laws of the United States of America or a State thereof or the District of Columbia and such entity shall expressly assume all the obligations of the Company under the Purchase Contracts, this Agreement, the Pledge Agreement, the Guarantee Agreement and the Remarketing Agreement by one or more supplemental agreements in form reasonably satisfactory to the Purchase Contract Agent and the Collateral Agent, executed and delivered to the Purchase Contract Agent and the Collateral Agent by such Person, and (ii) the Company or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, assignment, transfer, lease or conveyance, be in default in its payment obligations or in any material default in the performance of any of its other obligations hereunder, or under any of the Units.

Reference to Supplemental Agreements. Security Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article VIII may, and shall if required by the Purchase Contract Agent, bear a notation in form approved by the Purchase Contract Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Security Certificates so modified as to conform, in the opinion of the Purchase Contract 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 Purchase Contract Agent in exchange for Outstanding Security Certificates. DB1/ 132079547.5 ARTICLE NINE CONSOLIDATION, MERGER, SALE OR CONVEYANCE SECTION 9.1901. Covenant Not to ConsolidateCOVENANT NOT TO MERGE, MergeCONSOLIDATE, Sell, Convey, Transfer or Lease Property Except Under Certain ConditionsSELL OR CONVEY PROPERTY EXCEPT UNDER CERTAIN CONDITIONS. The Company covenants that it will not merge or consolidate with or into any other Person or sell, assign, transfer, lease sell or convey all or substantially all of its properties and assets to any Person Person, except that the Company may merge or group consolidate with, or sell or convey all or substantially all of affiliated Persons in one transaction or a series of related transactionsits assets to, unless any other Person, provided that (i) either the Company shall be the continuing entity corporation, or the successor (if other than the Company) shall be a Person, other than an individual, corporation organized and existing under the laws of the United States of America or a State thereof or the District of Columbia and such entity corporation shall expressly assume all the obligations of the Company under the Purchase Contracts, this Agreement, the Pledge Agreement, the Guarantee Agreement and the Remarketing Pledge Agreement by one or more supplemental agreements in form reasonably satisfactory to the Purchase Contract Agent and the Collateral Agent, executed and delivered to the Purchase Contract Agent and the Collateral Agent by such Personcorporation, and and (ii) the Company or such successor entitycorporation, as the case may be, shall not, immediately after such merger or consolidation, or such sale, assignment, transfer, lease sale or conveyance, be in default in its payment obligations or in any material default in the performance of any of its other obligations covenant or condition hereunder, or under any of the UnitsSecurities or under the Pledge Agreement.

Reference to Supplemental Agreements. Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article VIII may, and shall if required by the Purchase Contract Agent, bear a notation in form approved by the Purchase Contract Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Certificates so modified as to conform, in the opinion of the Purchase Contract 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 Purchase Contract Agent in exchange for Outstanding Certificates. DB1/ 132079547.5. SECTION 9.1. Covenant Not to Consolidate, Merge, Sell, Convey, Transfer or Lease Property Except Under Certain Conditions. The Company covenants that it will not merge or consolidate with or into any other Person or sell, assign, transfer, lease or convey all or substantially all of its properties and assets to any Person or group of affiliated Persons in one transaction or a series of related transactions, unless (i) either the Company shall be the continuing entity or the successor (if other than the Company) shall be a Person, other than an individual, organized and existing under the laws of the United States of America or a State thereof or the District of Columbia and such entity shall expressly assume all the obligations of the Company under the Purchase Contracts, this Agreement, the Pledge Agreement, the Guarantee Agreement and the Remarketing Pledge Agreement by one or more supplemental agreements in form reasonably satisfactory to the Purchase Contract Agent and the Collateral Agent, executed and delivered to the Purchase Contract Agent and the Collateral Agent by such Person, and (ii) the Company or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, assignment, transfer, lease or conveyance, be in default in its payment obligations or in any material default in the performance of any of its other obligations hereunder, or under any of the Units.

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 VIII may, and shall if required by the Purchase Contract Unit Agent, bear a notation in form approved by the Purchase Contract 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 Purchase Contract 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 Purchase Contract Unit Agent in exchange for Outstanding CertificatesUnit Certificates evidencing the same number of Normal Units or Stripped Units, as the case may be. DB1/ 132079547.5 SECTION 9.1ARTICLE NINE Consolidation, Merger, Sale or Conveyance Section 901. Covenant Not to Merge, Consolidate, Merge, Sell, Convey, Transfer Sell or Lease Convey Property Except Under Certain Conditions. The Company covenants that it will not merge or consolidate with or into any other Person or sell, assign, transfer, lease sell or convey all or substantially all of its properties and assets to any Person Person, except that the Company may merge or group consolidate with, or sell or convey all or substantially all of affiliated Persons in one transaction or a series of related transactionsits assets to, unless any other Person, provided that (ia) either the Company shall be the continuing entity corporation, or the successor (if other than the Company) shall be a Person, other than an individual, corporation organized and existing under the laws of the United States of America or a State thereof or the District of Columbia and such entity corporation shall expressly assume all the obligations of the Company under the Purchase Contracts, this Agreement, Contracts and the Pledge Agreement, the Guarantee Agreement and the Remarketing Agreement by one or more supplemental agreements in form reasonably satisfactory to the Purchase Contract Unit Agent and and, in the case of the Pledge Agreement, the Collateral Agent, executed and delivered to the Purchase Contract Agent and Unit Agent, and, in the case of the Pledge Agreement, the Collateral Agent by such Personcorporation, and and (iib) the Company or such successor entitycorporation, as the case may be, shall not, immediately after such merger or consolidation, or such sale, assignment, transfer, lease sale or conveyance, be in default in its payment obligations or in any material default in the performance of any of its other obligations hereunder, covenant or condition under any Principal Agreement or under any of the Units. Section 902.

Reference to Supplemental Agreements. Security Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article VIII may, and shall if required by the Purchase Contract Agent, bear a notation in form approved by the Purchase Contract Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Security Certificates so modified as to conform, in the opinion of the Purchase Contract 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 Purchase Contract Agent in exchange for Outstanding Security Certificates. DB1/ 132079547.5 ARTICLE NINE CONSOLIDATION, MERGER, SALE OR CONVEYANCE SECTION 9.1901. Covenant Not to ConsolidateCOVENANT NOT TO MERGE, MergeCONSOLIDATE, Sell, Convey, Transfer or Lease Property Except Under Certain ConditionsSELL OR CONVEY PROPERTY EXCEPT UNDER CERTAIN CONDITIONS. The Company covenants that it will not merge or consolidate with or into any other Person or sell, assign, transfer, lease sell or convey all or substantially all of its properties and assets to any Person Person, except that the Company may merge or group consolidate with, or sell or convey all or substantially all of affiliated Persons in one transaction or a series of related transactionsits assets to, unless any other Person, provided that (i) either the Company shall be the continuing entity corporation, or the successor (if other than the Company) shall be a Person, other than an individual, corporation organized and existing under the laws of the United States of America or a State thereof or the District of Columbia and such entity corporation shall expressly assume all the obligations of the Company under the Purchase Contracts, this Agreement, the Pledge Agreement, the Guarantee Agreement and the Remarketing Pledge Agreement by one or more supplemental agreements in form reasonably satisfactory to the Purchase Contract Agent and the Collateral Agent, executed and delivered to the Purchase Contract Agent and the Collateral Agent by such Personcorporation, and and (ii) the Company or such successor entitycorporation, as the case may be, shall not, immediately after such merger or consolidation, or such sale, assignment, transfer, lease sale or conveyance, be in default in its payment obligations or in any material default in the performance of any of its other obligations hereunder, or under any of the Units.in

Reference to Supplemental Agreements. Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article VIII may, and shall if required by the Purchase Contract Agent, bear a notation in form approved by the Purchase Contract Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Certificates so modified as to conform, in the opinion of the Purchase Contract 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 Purchase Contract Agent in exchange for Outstanding Certificates. DB1/ 132079547.5. SECTION 9.1. Covenant Not to Consolidate, Merge, Sell, Convey, Transfer or Lease Property Except Under Certain Conditions. The Company covenants that it will not merge or consolidate with or into any other Person or sell, assign, transfer, lease or convey all or substantially all of its properties and assets to any Person or group of affiliated Persons in one transaction or a series of related transactions, unless (i) either the Company shall be the continuing entity or the successor (if other than the Company) shall be a Person, other than an individual, organized and existing under the laws of the United States of America or a State thereof or the District of Columbia and such entity shall expressly assume all the obligations of the Company under the Purchase Contracts, this Agreement, the Pledge Agreement, the Guarantee Agreement and the Remarketing Agreement by one or more supplemental agreements in form reasonably satisfactory to the Purchase Contract Agent and the Collateral Agent, executed and delivered to the Purchase Contract Agent and the Collateral Agent by such Person, and (ii) the Company or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, assignment, transfer, lease or conveyance, be in default in its payment obligations or in any material default in the performance of any of its other obligations hereunder, or under any of the Units.

Reference to Supplemental Agreements. Security Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article VIII may, and shall if required by the Purchase Contract Agent, bear a notation in form approved by the Purchase Contract Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Security Certificates so modified as to conform, in the opinion of the Purchase Contract 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 Purchase Contract Agent in exchange for Outstanding Security Certificates. DB1/ 132079547.5 SECTION 9.1ARTICLE NINE Consolidation, Merger, Sale or Conveyance Section 901. Covenant Not to ConsolidateCOVENANT NOT TO MERGE, MergeCONSOLIDATE, Sell, Convey, Transfer or Lease Property Except Under Certain ConditionsSELL OR CONVEY PROPERTY EXCEPT UNDER CERTAIN CONDITIONS. The Company covenants that it will not merge or consolidate with or into any other Person or sell, assign, transfer, lease sell or convey all or substantially all of its properties and assets to any Person Person, except that the Company may merge or group consolidate with, or sell or convey all or substantially all of affiliated Persons in one transaction or a series of related transactionsits assets to, unless any other Person, provided that (i) either the Company shall be the continuing entity entity, or the successor (if other than the Company) shall be a Person, other than an individual, entity organized and existing under the laws of the United States of America or a State thereof or the District of Columbia and such entity shall expressly assume all the obligations of the Company under the Purchase Contracts, this Agreement, the Pledge Agreement, the Guarantee Agreement and the Remarketing Pledge Agreement by one or more supplemental agreements in form reasonably satisfactory to the Purchase Contract Agent and the Collateral Agent, executed and delivered to the Purchase Contract Agent and the Collateral Agent by such Personentity, and and (ii) the Company or such successor entity, as the case may be, shall not, immediately after such merger or of consolidation, or such sale, assignment, transfer, lease sale or conveyance, be in default in its payment obligations or in any material default in the performance of any of its other obligations covenant or condition hereunder, or under any of the UnitsSecurities or under the Pledge Agreement.