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

Securities to be Secured in Certain Events. If, upon any such consolidation of Braskem with or merger of Braskem into any other corporation, or upon any conveyance, lease or transfer of the property of Braskem substantially as an entirety to any other Person, any property or assets of Braskem would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 10.09 without equally and ratably securing the Securities, Braskem, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, shall as to such property or assets, secure the Outstanding Securities (together with, if Braskem so determines, any other Debt of Braskem now existing or hereinafter created which is not subordinate in right of payment to the Securities) equally and ratably with or prior to the Debt which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall cause such Securities to be so secured.

Appears in 3 contracts

Samples: Braskem Finance LTD, Braskem Finance LTD, Braskem Finance LTD

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Securities to be Secured in Certain Events. If, upon any such consolidation of Braskem the Company with or merger of Braskem the Company into any other corporation, or upon any conveyancesale, lease assignment, conveyance or transfer of the property of Braskem the Company substantially as an entirety to any other Person, any property or assets of Braskem the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 10.09 1014 without equally and ratably securing the Securities, Braskemthe Company, prior to or simultaneously with such consolidation, merger, conveyancesale, lease assignment, conveyance or transfer, shall will as to such property or assets, secure the Securities Outstanding Securities (together with, if Braskem the Company shall so determines, determine any other Debt Indebtedness of Braskem the Company now existing or hereinafter created which is not subordinate in right of payment to the Securities) equally and ratably with (or prior to to) the Debt Indebtedness which upon such consolidation, merger, conveyancesale, lease assignment, conveyance or transfer is to become secured as to such property or assets by such Lien, or shall will cause such Securities to be so secured.. ARTICLE NINE

Appears in 1 contract

Samples: Applied Extrusion Technologies Inc /De

Securities to be Secured in Certain Events. If, upon any such consolidation of Braskem the Company with or merger of Braskem the Company into any other corporation, or upon any conveyance, lease or transfer of the property of Braskem the Company substantially as an entirety to any other Person, any property or assets of Braskem the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 10.09 1014 without equally and ratably securing the Securities, Braskemthe Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, shall will as to such property or assets, secure the Securities Outstanding Securities (together with, if Braskem the Company shall so determines, determine any other Debt Indebtedness of Braskem the Company now existing or hereinafter created which is not subordinate in right of payment to the Securities) equally and ratably with (or prior to to) the Debt Indebtedness which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall will cause such Securities to be so secured.. ARTICLE NINE

Appears in 1 contract

Samples: Indenture (CFP Holdings Inc)

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Securities to be Secured in Certain Events. If, upon any such consolidation of Braskem the Company with or merger of Braskem the Company into any other corporation, or upon any conveyance, lease or transfer of the property of Braskem the Company substantially as an entirety to any other Person, any property or assets of Braskem the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 10.09 without equally and ratably securing the Securities, Braskemthe Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, shall as to such property or assets, secure the Outstanding Securities (together with, if Braskem the Company so determines, any other Debt of Braskem the Company now existing or hereinafter created which is not subordinate in right of payment to the Securities) equally and ratably with or prior to the Debt which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall cause such Securities to be so secured.

Appears in 1 contract

Samples: Braskem Finance LTD

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