Common use of Securities to be Secured in Certain Events Clause in Contracts

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement of the Corporation with or merger of the Corporation into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation to any other Person, any Restricted Property of the Corporation or a Restricted Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1006 without equally and ratably securing the Securities, the Corporation, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted Securities, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation shall so determine, any other indebtedness of the Corporation now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon as a result of any such amalgamation, amalgamation or consolidation or statutory arrangement of the Corporation Company with or merger of the Corporation into Company with any other corporationPerson, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company as an entirety or substantially as an entirety to any other Person, any Restricted Property properties or assets of the Corporation or a Restricted Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, Company would thereupon become subject to any Liena mortgage, pledge, charge, security interest or other encumbrance securing Debt, then unless such Lien mortgage, pledge, charge, security interest or other encumbrance could be created pursuant to Section 1006 without equally and ratably securing the SecuritiesSecurities under Section 1006, the CorporationCompany or such successor Person, as the case may be, prior to or simultaneously with such consolidation, amalgamation, statutory arrangementconsolidation, merger, conveyance, lease or transfer, will, as with respect to such Restricted Property properties or Restricted Securitiesassets, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Debt of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness all such Debt which upon such amalgamation, consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property properties or Restricted Securities by such Lienassets, or will cause such Securities to be so secured; provided that, that for the purpose of providing such equal and ratable rateable or prior security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement of the Corporation Company with or merger of the Corporation Company into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company to any other Person, any Restricted Property of the Corporation or a Restricted SubsidiaryCompany, or any Restricted Securities owned by the Corporation Company immediately prior thereto, would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1006 without equally and ratably securing the Securities, the CorporationCompany, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted Securities, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided PROVIDED that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement of the Corporation with Company with, or merger of the Corporation into Company into, any other corporationentity, partnership or trust or upon any conveyance, transfer or lease or transfer of all or substantially all of the property of the Corporation Company substantially as the entirety to any other Person, any Restricted Principal Property of the Corporation or a Restricted Subsidiary, Company or any Restricted Securities owned by the Corporation immediately prior thereto, would thereupon become or be subject to any Lien, then unless such Lien could be created pursuant to Section 1006 without equally and ratably securing the Securities, the Corporation, Company prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, transaction will, as to such Restricted Principal Property or Restricted Securities, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Indebtedness of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness Indebtedness which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer event is to become secured as to such Restricted Principal Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided that, that for the purpose of providing such -------- equal and ratable security, security the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would which, at the time of making such effective provision of such equal and ratable security, would be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, amalgamation or consolidation or statutory arrangement of the Corporation with or merger of the Corporation into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property properties and assets of the Corporation and its Subsidiaries, on a consolidated basis, to any other PersonPerson in accordance with Section 801, any Restricted Property of the properties and assets of the Corporation or a Restricted Subsidiary, one or any Restricted Securities owned by the Corporation immediately prior thereto, more of its Significant Subsidiaries would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1006 without equally and ratably securing the Securities, the Corporation, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted Securities, secure or cause such Restricted Subsidiary to shall secure the Securities Outstanding hereunder (together with, if the Corporation shall so determine, any other indebtedness of the Corporation now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness which upon such amalgamation, consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement of the Corporation Company with or merger of the Corporation Company into any other corporation, partnership or trust or upon any conveyance, sale, assignment, transfer, lease or transfer of all or substantially all other disposition of the property and assets of the Corporation Company substantially as an entirety to any other Person, any Restricted Property property or assets of the Corporation or a Restricted Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1006 the "Limitation on Liens" covenant applicable to any series of Securities without equally and ratably securing the such Securities, the CorporationCompany, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted Securities, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Debt of the Corporation Company now existing or hereafter created which is not subordinate in right of payment to the Securities) equally and ratably with (or prior to) the indebtedness Debt which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, sale, assignment, transfer, lease or transfer other disposition is to become secured as to such Restricted Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement of the Corporation Company with or merger of the Corporation Company into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company to any other Person, any Restricted Property of the Corporation or a Restricted Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, Company would thereupon become subject to any LienSecurity Interest, then unless such Lien Security Interest could be created pursuant to Section 1006 without equally and ratably securing the Securities, the CorporationCompany, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted SecuritiesProperty, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property or Restricted Securities by such LienSecurity Interest, or will cause such Securities to be so secured; provided PROVIDED that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon ------------------------------------------ any such amalgamation, consolidation or statutory arrangement of the Corporation Company with or merger of the Corporation Company into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company as an entirety or substantially as an entirety to any other Person, any Restricted Principal Property of the Corporation Company or a Restricted Subsidiary, of any Wholly-Owned Domestic Manufacturing Subsidiary (or any Restricted Securities owned by the Corporation immediately prior thereto, shares of stock or Debt of any Wholly-Owned Domestic Manufacturing Subsidiary) would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1006 1008 without equally and ratably securing the Securities, the CorporationCompany, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property Principal Property, shares of stock or Restricted SecuritiesDebt, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Debt of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness Debt which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property Principal Property, shares of stock or Restricted Securities Debt by such Lien, or will cause such Securities to be so secured; provided that, that for the purpose of providing such equal and ratable security, security the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement of the Corporation Company or Parent with or merger of the Corporation Company or Parent into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company or Parent as an entirety or substantially as an entirety to any other Person, any Restricted Property property or assets of the Corporation Company or a Restricted Subsidiary, Parent or of any Restricted Securities owned by the Corporation immediately prior thereto, Subsidiary would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1006 10.09 without equally and ratably securing the Securities, the CorporationParent, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property property or Restricted Securitiesassets, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Parent shall so determine, any other indebtedness Debt of the Corporation Parent now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness Debt which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property property or Restricted Securities assets by such Lien, or will cause such Securities to be so secured; provided that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 5.02 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE.

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement amalgamation of the Corporation Company with or merger of the Corporation Company into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company as an entirety or substantially as an entirety to any other Person, any Restricted Property of the Corporation Company’s property or a any property of any Restricted Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, would thereupon become subject to any LienSecurity Interest, then unless such Lien Security Interest could be created pursuant to Section 1006 1008 without equally and ratably securing the Securities, the CorporationCompany, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted Securitiesproperty, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Indebtedness of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) to the indebtedness Indebtedness which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property or Restricted Securities property by such LienSecurity Interest, or will cause such Securities to be so secured; provided that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, amalgamation or consolidation or statutory arrangement of the Corporation with or merger of the Corporation into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property properties and assets of the Corporation and its Subsidiaries, on a consolidated basis, to any other PersonPerson in accordance with Section 801, any Restricted Property of the properties and assets of the Corporation or a Restricted Subsidiary, one or any Restricted Securities owned by the Corporation immediately prior thereto, more of its Significant Subsidiaries would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1006 1008 without equally and ratably securing the Securities, the Corporation, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted Securities, secure or cause such Restricted Subsidiary to shall secure the Securities Outstanding hereunder (together with, if the Corporation shall so determine, any other indebtedness of the Corporation now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness which upon such amalgamation, consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon as a result of any such amalgamation, amalgamation or consolidation or statutory arrangement of the Corporation Company with or merger of the Corporation into Company with any other corporationPerson, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company as an entirety or substantially as an entirety to any other Person, any Restricted Property properties or assets of the Corporation or a Restricted Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, Company would thereupon become subject to any Liena mortgage, pledge, charge, security interest or other encumbrance securing Debt, then unless such Lien mortgage, pledge, charge, security interest or other encumbrance could be created pursuant to Section 1006 without equally and ratably securing the SecuritiesSecurities under Section 1007, the CorporationCompany or such successor Person, as the case may be, prior to or simultaneously with such consolidation, amalgamation, statutory arrangementconsolidation, merger, conveyance, lease or transfer, will, as with respect to such Restricted Property properties or Restricted Securitiesassets, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Debt of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness all such Debt which upon such amalgamation, consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property properties or Restricted Securities by such Lienassets, or will cause such Securities to be so secured; provided that, that for the purpose of providing such equal and ratable rateable or prior security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 503 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement amalgamation of the Corporation Company with or merger of the Corporation Company into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company as an entirety or substantially as an entirety to any other Person, any Restricted Property of the Corporation Company's property or a any property of any Restricted Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, would thereupon become subject to any LienSecurity Interest, then unless such Lien Security Interest could be created pursuant to Section 1006 1008 without equally and ratably securing the Securities, the CorporationCompany, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted Securitiesproperty, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Indebtedness of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) to the indebtedness Indebtedness which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property or Restricted Securities property by such LienSecurity Interest, or will cause such Securities to be so secured; provided PROVIDED that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE.

Securities to be Secured in Certain Events. If, upon ------------------------------------------ any such amalgamation, consolidation or statutory arrangement of the Corporation Company with or merger of the Corporation Company into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company as an entirety or substantially as an entirety to any other Person, any Restricted Principal Property of the Corporation Company or a Restricted Subsidiary, of any Wholly-Owned Domestic Manufacturing Subsidiary (or any Restricted Securities owned by the Corporation immediately prior thereto, shares of stock or Debt of any Wholly-Owned Domestic Manufacturing Subsidiary) would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1006 1008 without equally and ratably securing the Securities, the CorporationCompany, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property Principal Property, shares of stock or Restricted SecuritiesDebt, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Debt of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness Debt which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property Principal Property, shares of stock or Restricted Securities Debt by such Lien, or will cause such Securities to be so secured; provided that, that for the purpose of providing -------- such equal and ratable security, security the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement amalgamation of the Corporation Company with or merger of the Corporation Company into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company as an entirety or substantially as an entirety to any other Person, any Restricted Property of the Corporation Company's property or a any property of any Restricted Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, would thereupon become subject to any LienSecurity Interest, then unless such Lien Security Interest could be created pursuant to Section 1006 1008 without equally and ratably securing the Securities, the CorporationCompany, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted Securitiesproperty, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Indebtedness of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) to the indebtedness Indebtedness which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property or Restricted Securities property by such LienSecurity Interest, or will cause such Securities to be so secured; provided PROVIDED that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINENINE SUPPLEMENTAL INDENTURES

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement of the Corporation Company with or merger of the Corporation Company into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company as an entirety or substantially as an entirety to any other Person, any Restricted Property of the Corporation Company or a of any Restricted Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1006 1010 without equally and ratably securing the Securities, the CorporationCompany, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted Securities, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Debt of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness Debt which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement of the Corporation Company with or merger of the Corporation Company into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company as an entirety or substantially as an entirety to any other Person, any Restricted Principal Property of the Corporation Company or a Restricted of any Significant Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1006 1009 without equally and ratably securing the Securities, the CorporationCompany, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Principal Property or Restricted Securities, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Debt of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness Debt which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Principal Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement of the Corporation with Company with, or merger of the Corporation into Company , into, any other corporation, partnership or trust or upon any conveyance, transfer or lease or transfer of all or substantially all of the property of the Corporation Company substantially as the entirety to any other Person, any Restricted Principal Property of the Corporation or a Restricted Subsidiary, Company or any Restricted Securities owned by the Corporation immediately prior thereto, would thereupon become or be subject to any Lien, then unless such Lien could be created pursuant to Section 1006 without equally and ratably securing the Securities, the Corporation, Company prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, transaction will, as to such Restricted Principal Property or Restricted Securities, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Debt of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness Debt which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Principal Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided that, that for the purpose of providing such equal and ratable security, security the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would which, at the time of making such effective provision of such equal and ratable security, would be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement of the Corporation Company with or merger of the Corporation Company into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company to any other Person, any Restricted Property of the Corporation or a Restricted SubsidiaryCompany, or any Restricted Securities owned by the Corporation Company immediately prior thereto, would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1006 without equally and ratably securing the Securities, the CorporationCompany, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted Securities, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such amalgamation, consolidation or statutory arrangement of the Corporation with Company with, or merger of the Corporation into Company into, any other corporationentity, partnership or trust or upon any conveyance, transfer or lease or transfer of all or substantially all of the property of the Corporation Company substantially as the entirety to any other Person, any Restricted Principal Property of the Corporation or a Restricted Subsidiary, Company or any Restricted Securities owned by the Corporation immediately prior thereto, would thereupon become or be subject to any Lien, then unless such Lien could be created pursuant to Section 1006 without equally and ratably securing the Securities, the Corporation, Company prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, transaction will, as to such Restricted Principal Property or Restricted Securities, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Debt of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness Debt which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Principal Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided that, that for the purpose of providing such equal and ratable security, -------- security the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would which, at the time of making such effective provision of such equal and ratable security, would be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon as a result of any such amalgamationtransaction referenced in Section 801, consolidation or statutory arrangement any of the Corporation with or merger of the Corporation into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation to any other Person, any Restricted Property of the Corporation or a Restricted Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, Company’s Principal Properties would thereupon become subject to any a Lien, then unless such Lien could be created pursuant to Section 1006 1007 without equally and ratably securing the Securities, the CorporationCompany, prior to or simultaneously with such consolidationtransaction, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Restricted Property or Restricted Securities, secure or cause such Restricted Subsidiary to shall secure the Outstanding Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Indebtedness of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) to the indebtedness which upon such consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become Indebtedness secured as to such Restricted Property or Restricted Securities by such Lien, or will shall cause such Outstanding Securities to be so secured; provided that, for the purpose of providing such equal and ratable security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon as a result of any such amalgamation, amalgamation or consolidation or statutory arrangement of the Corporation Company with or merger of the Corporation into Company with any other corporationPerson, partnership or trust or upon any conveyance, lease or transfer of all or substantially all of the property of the Corporation Company as an entirety or substantially as an entirety to any other Person, any Restricted Property properties or assets of the Corporation or a Restricted Subsidiary, or any Restricted Securities owned by the Corporation immediately prior thereto, Company would thereupon become subject to any Liena mortgage, pledge, charge, security interest or other encumbrance securing Debt, then unless such Lien mortgage, pledge, charge, security interest or other encumbrance could be created pursuant to Section 1006 without equally and ratably securing the SecuritiesSecurities under Section 1006, the CorporationCompany or such successor Person, as the case may be, prior to or simultaneously with such consolidation, amalgamation, statutory arrangementconsolidation, merger, conveyance, lease or transfer, will, as with respect to such Restricted Property properties or Restricted Securitiesassets, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Corporation Company shall so determine, any other indebtedness Debt of the Corporation Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the indebtedness all such Debt which upon such amalgamation, consolidation, amalgamation, merger, statutory arrangement, conveyance, lease or transfer is to become secured as to such Restricted Property properties or Restricted Securities by such Lienassets, or will cause such Securities to be so secured; provided that, PROVIDED that for the purpose of providing such equal and ratable rateable or prior security, the principal amount of Original Issue Discount Securities and Indexed Securities shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said amount changes over time pursuant to the terms of such Original Issue Discount Securities and Indexed Securities. ARTICLE NINENINE SUPPLEMENTAL INDENTURES