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

Securities to be Secured in Certain Events. Notwithstanding anything to the contrary contained in Section 801, if upon any such consolidation, amalgamation or merger, or upon any such sale, conveyance or lease, any Principal Property or any shares of stock or Funded Indebtedness of any Restricted Subsidiary owned immediately prior thereto would thereupon become subject to any Mortgage (other than a Mortgage to which such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary may become subject pursuant to Section 1004 hereof without equally and ratably securing the Securities) (the “Triggering Mortgage”), IR Parent, prior to such consolidation, amalgamation, merger, sale, conveyance or lease, will by indenture supplemental hereto secure, or cause to be secured, the due and punctual payment of the principal of (and premium, if any, on) and interest, if any, on the Securities (together with, if IR Parent shall so determine, any other indebtedness of or guarantee by IR Parent or such Restricted Subsidiary ranking equally with the Securities and then existing or thereafter created) by a Mortgage on such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary, the lien of which, upon completion of said merger, consolidation, amalgamation, sale, conveyance or lease, will rank prior to the lien of such Triggering Mortgage.

Securities to be Secured in Certain Events. Notwithstanding anything to the contrary contained in Section 801, if upon any such consolidation, amalgamation or merger, or upon any such sale, conveyance or lease, or upon any consolidation, amalgamation or merger of any Restricted Subsidiary, or upon the sale, conveyance or lease of all or substantially all the property of any Restricted Subsidiary to any other corporation, any Principal Property or any shares of stock or Funded Indebtedness of any Restricted Subsidiary owned immediately prior thereto would thereupon become subject to any Mortgage (other than a Mortgage to which such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary may become subject pursuant to Section 1004 hereof without equally and ratably securing Mortgage, the Securities) (Company, together with the “Triggering Mortgage”), IR ParentGuarantor, prior to such consolidation, amalgamation, merger, sale, conveyance or lease, will by indenture supplemental hereto secure, or cause to be secured, secure the due and punctual payment of the principal of (and premium, if any, on) and interest, if any, on the Securities (together with, if IR Parent the Guarantor shall so determine, any other indebtedness of or guarantee by IR Parent the Guarantor, the Company or such other Restricted Subsidiary ranking equally with the Securities and then existing or thereafter created) by a Mortgage on such Principal Property or such shares of stock or Funded Indebtedness of such Restricted SubsidiaryMortgage, the lien of which, upon completion of said merger, consolidation, amalgamation, sale, conveyance or lease, will rank prior to the lien of such Triggering MortgageMortgage of such other corporation on all assets owned by the Guarantor, the Company or (if other than the Company) such other Restricted Subsidiary, as the case may be, immediately prior to such merger, consolidation, amalgamation, sale, conveyance or lease.

Securities to be Secured in Certain Events. Notwithstanding anything If, upon any consolidation, merger, sale, conveyance, lease, transfer or other disposition referred to the contrary contained in Section 801, if upon any such consolidation, amalgamation or merger, or upon any such sale, conveyance or lease10.01, any Principal Property Properties of the Company or of any Restricted Subsidiary or any shares of capital stock or Funded Indebtedness indebtedness of any Restricted Subsidiary which is owned immediately prior thereto after such consolidation, merger, sale, conveyance, lease, transfer or other disposition by the Company or a Restricted Subsidiary or a successor to the Company pursuant to Sections 10.01 and 10.02 would thereupon become subject to any Mortgage mortgage, deed of trust, security interest, pledge, lien or encumbrance (other than a Mortgage to which such Principal Property mortgage, deed of trust, security interest, pledge, lien or such shares encumbrance in favor of stock or Funded Indebtedness of such the Company, a Restricted Subsidiary may become subject or any such successor), then unless such mortgage, deed of trust, security interest, pledge, lien or encumbrance could be created pursuant to Section 1004 hereof 4.05 without equally and ratably securing the Securities) (, the “Triggering Mortgage”), IR ParentCompany or Restricted Subsidiary shall, prior to or concurrently with such consolidation, amalgamation, merger, sale, conveyance or conveyance, lease, will by indenture supplemental hereto securetransfer or other disposition, or cause to be secured, the due and punctual payment of the principal of (and premium, if any, on) and interest, if any, on effectively provide that the Securities shall be secured equally and ratably with (together with, if IR Parent shall so determine, any other indebtedness of or guarantee by IR Parent prior to) the obligation or liability which upon such Restricted Subsidiary ranking equally with the Securities and then existing or thereafter created) by a Mortgage on such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary, the lien of which, upon completion of said merger, consolidation, amalgamationmerger, sale, conveyance or conveyance, lease, will rank prior transfer or other disposition is to the become secured as to such properties or assets by such mortgage, deed of trust, security interest, pledge, lien or encumbrance, so long as such properties or assets shall be subject to such mortgage, deed of such Triggering Mortgagetrust, security interest, pledge, lien or encumbrance.

Securities to be Secured in Certain Events. Notwithstanding anything to the contrary contained in Section 801If, if upon any such consolidation, amalgamation or mergerconsolidation of the Corporation with or merger of the Corporation into any other corporation, or upon any such saleconveyance, conveyance lease or leasetransfer of all or substantially all of the properties and assets of the Corporation and its Subsidiaries, on a consolidated basis, to any Person in accordance with Section 801, any Principal Property of the properties and assets of the Corporation or any shares one or more of stock or Funded Indebtedness of any Restricted Subsidiary owned immediately prior thereto its Significant Subsidiaries would thereupon become subject to any Mortgage (other than a Mortgage to which Lien, then unless such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary may become subject Lien could be created pursuant to Section 1004 hereof 1006 without equally and ratably securing the Securities) (, the “Triggering Mortgage”), IR ParentCorporation, prior to or simultaneously with such consolidation, amalgamation, merger, saleconveyance, conveyance lease or leasetransfer, will by indenture supplemental hereto secure, or cause to be secured, the due and punctual payment of the principal of (and premium, if any, on) and interest, if any, on shall secure the Securities Outstanding hereunder (together with, if IR Parent the Corporation shall so determine, any other indebtedness of or guarantee by IR Parent or such Restricted Subsidiary ranking equally with the Securities and then Corporation now existing or thereafter createdhereafter created which is not subordinate to the Securities) by a Mortgage on equally and ratably with (or prior to) the indebtedness which upon such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary, the lien of which, upon completion of said mergeramalgamation, consolidation, amalgamationmerger, saleconveyance, conveyance lease or leasetransfer is to become secured by such Lien, or will rank prior 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 lien extent permitted by law, as and when said amount changes over time pursuant to the terms of such Triggering Mortgage.Original Issue Discount Securities and Indexed Securities. ARTICLE NINE Supplemental Indentures

Securities to be Secured in Certain Events. Notwithstanding anything to the contrary contained in Section 801, if upon any such consolidation, amalgamation or merger, or upon any such sale, conveyance or lease, any Principal Property or any shares of stock or Funded Indebtedness of any Restricted Subsidiary owned immediately prior thereto would thereupon become subject to any Mortgage (other than a Mortgage to which such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary may become subject pursuant to Section 1004 hereof without equally and ratably securing the Securities) (the “Triggering Mortgage”), IR Trane Parent, prior to such consolidation, amalgamation, merger, sale, conveyance or lease, will by indenture supplemental hereto secure, or cause to be secured, the due and punctual payment of the principal of (and premium, if any, on) and interest, if any, on the Securities (together with, if IR Trane Parent shall so determine, any other indebtedness of or guarantee by IR Trane Parent or such Restricted Subsidiary ranking equally with the Securities and then existing or thereafter created) by a Mortgage on such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary, the lien of which, upon completion of said merger, consolidation, amalgamation, sale, conveyance or lease, will rank prior to the lien of such Triggering Mortgage.

Securities to be Secured in Certain Events. Notwithstanding anything If, upon any consolidation, merger, sale, conveyance or lease referred to the contrary contained in Section 801, if upon any such consolidation, amalgamation or merger9.1, or upon any such consolidation or merger of any Restricted Subsidiary, or upon any sale, conveyance or leaselease of all or substantially all the property of any Restricted Subsidiary to any other corporation, any Principal Property of the Company or of any Restricted Subsidiary or any shares of capital stock or Funded Indebtedness indebtedness of any Restricted Subsidiary which is owned immediately prior thereto 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 Mortgage mortgage, security interest, pledge, lien or encumbrance (other than a Mortgage to which such Principal Property mortgage, security interest, pledge, lien or such shares encumbrance in favor of stock or Funded Indebtedness of such the Company, a Restricted Subsidiary may become subject pursuant to Section 1004 hereof without equally and ratably securing the Securities) (the “Triggering Mortgage”or any such successor), IR Parentthe Company, prior to or concurrently with such consolidation, amalgamation, merger, sale, conveyance or lease, will by indenture supplemental hereto secure, or cause to be secured, the due and punctual payment of the principal of (and premium, if any, on) and interest, if any, on effectively provide that the Securities shall be secured (together equally and ratably with, if IR Parent the Company shall so determine, any other indebtedness of or guarantee guaranteed by IR Parent the Company or such a Restricted Subsidiary ranking equally with the Securities and then existing or thereafter createdSecurities) by a Mortgage direct lien on such Principal Property or such Property, shares of stock or Funded Indebtedness indebtedness, prior to all liens other than any theretofore existing thereon, so long as such Principal Property, shares of stock or indebtedness shall be subject to such Restricted Subsidiarymortgage, security interest, pledge, lien or encumbrance. Notwithstanding the foregoing Sections 9.1 and 9.2, the lien Company may transfer all of whichits property and assets to another entity if, upon completion of said merger, consolidation, amalgamation, sale, conveyance or lease, will rank prior immediately after giving effect to the lien transfer, such entity is a wholly owned Subsidiary of such Triggering Mortgagethe Company and/or its other wholly owned Subsidiaries.

Securities to be Secured in Certain Events. Notwithstanding anything If, upon any consolidation, merger, sale, conveyance or lease in relation to the contrary contained Guarantor referred to in Section 8019.1, if or upon any such consolidation, amalgamation or mergermerger of any Restricted Subsidiary, or upon any such sale, conveyance or leaselease of all or substantially all the property of any Restricted Subsidiary to any other corporation, any Principal Property of the Guarantor or of any Restricted Subsidiary or any shares of capital stock or Funded Indebtedness indebtedness of any Restricted Subsidiary which is owned immediately prior thereto after such consolidation, amalgamation, merger, sale, conveyance or lease by the Guarantor or a Restricted Subsidiary or a successor to the Guarantor pursuant to Section 9.1 and Section 9.3 would thereupon become subject to any Mortgage mortgage, security interest, pledge, lien or encumbrance (other than a Mortgage to which such Principal Property mortgage, security interest, pledge, lien or such shares encumbrance in favor of stock or Funded Indebtedness of such the Guarantor, a Restricted Subsidiary may become subject pursuant to Section 1004 hereof without equally and ratably securing the Securities) (the “Triggering Mortgage”or any such successor), IR Parentthe Guarantor, prior to or concurrently with such consolidation, amalgamation, merger, sale, conveyance or lease, will by indenture supplemental hereto secure, or cause to effectively provide that the Guaranty shall be secured, the due secured (equally and punctual payment of the principal of (and premium, if any, on) and interest, if any, on the Securities (together ratably with, if IR Parent the Guarantor shall so determine, any other indebtedness of or guarantee guaranteed by IR Parent the Guarantor or such a Restricted Subsidiary ranking equally with the Securities and then existing or thereafter createdGuaranty) by a Mortgage direct lien on such Principal Property or such Property, shares of stock or Funded Indebtedness of such Restricted Subsidiaryindebtedness, the lien of which, upon completion of said merger, consolidation, amalgamation, sale, conveyance or lease, will rank prior to the all liens other than any theretofore existing thereon, so long as such Principal Property, shares of stock or indebtedness shall be subject to such mortgage, security interest, pledge, lien of such Triggering Mortgageor encumbrance.

Securities to be Secured in Certain Events. Notwithstanding anything to the contrary contained in Section 801If, if upon any such consolidation, amalgamation or mergerstatutory arrangement of the Corporation with or merger of the Corporation into any other Person, or upon any such sale, conveyance conveyance, transfer or leaselease of all or substantially all of the properties and assets of the Corporation to any other Person, any Principal Property of the property and assets of the Corporation or any shares of stock or Funded Indebtedness of any Restricted Subsidiary owned immediately prior thereto its Subsidiaries would thereupon become subject to any Mortgage (other than a Mortgage to which Security Interest, then unless such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary may become subject Security Interest could be created pursuant to Section 1004 hereof 10.12 without equally and ratably securing the Securities) (, the “Triggering Mortgage”), IR Parent, Corporation prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, conveyance, transfer or lease, will secure the Outstanding Securities 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, sale, conveyance conveyance, transfer or lease, will lease is to become secured by indenture supplemental hereto securesuch Security 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 punctual payment payable pursuant to Section 5.2 and the terms of such Original Issue Discount Securities and Indexed Securities upon a declaration of acceleration of the principal Maturity thereof, and the extent of (such equal and premiumratable security shall be adjusted, if anyto the extent permitted by law, on) as and interest, if any, on when said amount changes over time pursuant to the Securities (together with, if IR Parent shall so determine, any other indebtedness terms of or guarantee by IR Parent or such Restricted Subsidiary ranking equally with the Original Issue Discount Securities and then existing or thereafter created) by a Mortgage on such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary, the lien of which, upon completion of said merger, consolidation, amalgamation, sale, conveyance or lease, will rank prior to the lien of such Triggering MortgageIndexed Securities.

Securities to be Secured in Certain Events. Notwithstanding anything to the contrary contained in Section 801If, if upon any such consolidation, amalgamation consolidation or merger, merger of the Issuer or upon any such sale, lease or conveyance of the property of the Issuer as an entirety or leasesubstantially as an entirety to any other corporation, any Principal Property owned by the Issuer or a Restricted Subsidiary immediately prior thereto or any shares of stock or Funded Indebtedness indebtedness of any Restricted Subsidiary owned by the Issuer or a Restricted Subsidiary immediately prior thereto would thereupon become subject to any Mortgage mortgage, security interest, pledge, lien or other encumbrance (other than a Mortgage to which unless such Principal Property Secured Debt could have been incurred by the Issuer or such shares of stock or Funded Indebtedness of such any Restricted Subsidiary may become subject pursuant without the Issuer's being required by the provisions of Section 3.6 to Section 1004 hereof without secure the Securities equally and ratably securing the Securitieswith (or prior to) (the “Triggering Mortgage”such Secured Debt), IR Parentthe Issuer or such Restricted Subsidiary, prior to any such consolidation, amalgamation, merger, sale, conveyance lease or leaseconveyance, will by indenture supplemental hereto secure, or cause to be secured, the due and punctual payment of the principal of (and premium, if any, on) and interest, if any, on secure the Securities (together with, if IR Parent the Issuer shall so determine, any other indebtedness of incurred, assumed or guarantee guaranteed by IR Parent the Issuer or such Restricted Subsidiary ranking equally with with, or prior to, the Securities and Securities, whether then existing or thereafter created) by a Mortgage direct lien on such Principal Property or such Property, shares of stock or Funded Indebtedness of such Restricted Subsidiaryindebtedness, the lien of which, upon completion of said merger, consolidation, amalgamation, sale, conveyance or lease, will rank prior to the lien of such Triggering Mortgageall liens other than any theretofore existing thereon.

Securities to be Secured in Certain Events. Notwithstanding anything to the contrary contained in Section 801, if If upon any such consolidation, amalgamation or merger, or upon any such sale, conveyance or lease, or upon any consolidation, amalgamation or merger of any Restricted Subsidiary, or upon the sale, conveyance or lease of all or substantially all the property of any Restricted Subsidiary to any other corporation, any Principal Property or any shares of stock or Funded Indebtedness of any Restricted Subsidiary owned immediately prior thereto would thereupon become subject to any Mortgage (other than a Mortgage to which such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary may become subject pursuant to Section 1004 hereof without equally and ratably securing Mortgage, the Securities) (the “Triggering Mortgage”), IR ParentCompany, prior to such consolidation, amalgamation, merger, sale, conveyance or lease, will by indenture supplemental hereto secure, or cause to be secured, secure the due and punctual payment of the principal of (and premium, if any, on) and interest, if any, on the Securities (together with, if IR Parent the Company shall so determine, any other indebtedness of or guarantee by IR Parent the Company or such Restricted Subsidiary ranking equally with the Securities and then existing or thereafter created) by a Mortgage on such Principal Property or such shares of stock or Funded Indebtedness of such Restricted SubsidiaryMortgage, the lien of which, upon completion of said merger, consolidation, amalgamation, sale, conveyance or lease, will rank prior to the lien of such Triggering MortgageMortgage of such other corporation on all assets owned by the Company or such Restricted Subsidiary immediately prior to such merger, consolidation, amalgamation, sale, conveyance or lease.

Securities to be Secured in Certain Events. Notwithstanding anything to the contrary contained in Section 801If, if upon any such consolidationamalgamation, amalgamation consolidation or mergerstatutory arrangement of the Guarantor with or merger of the Guarantor into any other corporation, or upon any such saleconveyance, conveyance lease or leasetransfer of all or substantially all of the property of the Guarantor to any other Person, any Principal Restricted Property of the Guarantor or its Restricted Subsidiaries, or any shares of stock or Funded Indebtedness of any Restricted Subsidiary Securities owned by the Guarantor immediately prior thereto thereto, would thereupon become subject to any Mortgage (other than a Mortgage to which Lien, then unless such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary may become subject Lien could be created pursuant to Section 1004 hereof 1006 without equally and ratably securing the Securities) (, the “Triggering Mortgage”), IR ParentGuarantor or such Restricted Subsidiary, prior to or simultaneously with such consolidation, amalgamation, statutory arrangement, merger, saleconveyance, conveyance lease or leasetransfer, will by indenture supplemental hereto securewill, as to such Restricted Property or cause to be securedRestricted Securities, the due and punctual payment of the principal of (and premium, if any, on) and interest, if any, on secure the Securities Outstanding hereunder (together with, if IR Parent the Guarantor shall so determine, any other indebtedness of or guarantee by IR Parent or such Restricted Subsidiary ranking equally with the Securities and then Guarantor now existing or thereafter createdhereafter created which is not subordinate to the Securities) by a Mortgage on equally and ratably with (or prior to) the indebtedness which upon such Principal Property or such shares of stock or Funded Indebtedness of such Restricted Subsidiary, the lien of which, upon completion of said merger, consolidation, amalgamation, salemerger, conveyance statutory arrangement, conveyance, lease or leasetransfer is to become secured as to such Restricted Property or Restricted Securities by such Lien, or will rank prior 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 lien extent permitted by law, as and when said amount changes over time pursuant to the terms of such Triggering Mortgage.Original Issue Discount Securities and Indexed Securities. ARTICLE NINE

Securities to be Secured in Certain Events. Notwithstanding anything Subject to the contrary contained provisions of Article Twelve (to the extent they are applicable to the Securities of any series), if, upon any consolidation, merger, sale, conveyance or lease referred to in Section 801, if upon any such consolidation, amalgamation or merger11.01, or upon any such consolidation or merger of any Restricted Subsidiary, or upon any sale, conveyance or leaselease of the property of any Restricted Subsidiary substantially as an entirety to any other corporation or entity, any Principal Property of the Company or of any Restricted Subsidiary or any shares of stock or Funded Indebtedness indebtedness of any Restricted Subsidiary which is owned immediately prior thereto after such consolidation, merger, sale, conveyance or lease by the Company or a Restricted Subsidiary or a successor to the Company pursuant to Sections 11.01 and 11.03 would thereupon become subject to any Mortgage mortgage, security interest, pledge, lien or encumbrance (other than a Mortgage to which such Principal Property mortgage, security interest, pledge, lien or such shares encumbrance in favor of stock or Funded Indebtedness of such the Company, a Restricted Subsidiary may become subject pursuant to Section 1004 hereof without equally and ratably securing the Securities) (the “Triggering Mortgage”or any such successor), IR Parentthe Company, prior to or concurrently with such consolidation, amalgamation, merger, sale, conveyance or lease, will by indenture supplemental hereto secure, or cause to be secured, the due and punctual payment of the principal of (and premium, if any, on) and interest, if any, on effectively provide that the Securities shall be secured (together equally and ratably with, if IR Parent the Company shall so determine, any other indebtedness of or guarantee guaranteed by IR Parent the Company or such a Restricted Subsidiary ranking equally with the Securities and then existing or thereafter createdSecurities) by a Mortgage direct lien on such Principal Property or such Property, shares of stock or Funded Indebtedness of such Restricted Subsidiaryindebtedness, the lien of which, upon completion of said merger, consolidation, amalgamation, sale, conveyance or lease, will rank prior to the all liens other than any theretofore existing thereon, so long as such Principal Property, shares of stock or indebtedness shall be subject to such mortgage, security interest, pledge, lien of such Triggering Mortgageor encumbrance.