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 the Company with, or merger of the Company into, any other corporation, or upon any conveyance, transfer or lease of the property of the Company substantially as the entirety to any other Person, any Principal Property of the Company or any Restricted Securities owned immediately prior thereto, would 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 Company prior to or simultaneously with such transaction will, as to such Principal Property or Restricted Securities, secure the Securities Outstanding hereunder (together with, if the Company shall so determine, any other Indebtedness of the 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, merger, conveyance, transfer or lease is to become secured as to such 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, at the time of making such 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 consolidation of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer or lease of the property of the Company as an entirety or substantially as the an entirety to any other Person, any Principal Property of the Company or of any Restricted Securities owned immediately prior theretoSubsidiary, would thereupon become or be subject to any Lien, then unless such Lien could be created pursuant to Section 1006 under the Indenture without equally and ratably securing the Securities, the Company Company, prior to or simultaneously with such transaction consolidation, merger, conveyance, lease or transfer, will, as to such Principal Property or Restricted SecuritiesProperty, secure the Securities Outstanding hereunder (together with, if the Company shall so determine, any other Indebtedness Debt of the 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, merger, conveyance, lease or transfer or lease is to become secured as to such 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, which would 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 consolidation or amalgamation of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer or lease of the property Property of the Company as an entirety or substantially as the an entirety to any other Person, any Principal Property of the Company or of any Restricted Securities owned immediately prior theretoSubsidiary, 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 Company Company, prior to or simultaneously with such transaction consolidation, amalgamation, merger, conveyance, lease or transfer, will, as to such Principal Property or Restricted SecuritiesProperty, secure the Securities Outstanding hereunder (together with, if the Company shall so determine, any other Indebtedness Debt of the 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, conveyance, lease or transfer or lease is to become secured as to such 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, which would at the time of making such effective provision of such equal and ratable security, would be due and payable pursuant to Section 502 5.2 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 consolidation or amalgamation of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer or lease of the property Property of the Company as an entirety or substantially as the an entirety to any other Person, any Principal Property of the Company or of any Restricted Securities owned immediately prior theretoSubsidiary, would thereupon become or be subject to any Lien, then unless such Lien could be created pursuant to Section 1006 1009 without equally and ratably securing the Securities, the Company Company, prior to or simultaneously with such transaction consolidation, amalgamation, merger, conveyance, lease or transfer, will, as to such Principal Property or Restricted SecuritiesProperty, secure the Securities Outstanding hereunder (together with, if the Company shall so determine, any other Indebtedness Debt of the 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, conveyance, lease or transfer or lease is to become secured as to such 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, which would 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 consolidation of the Company with, or Parent with or merger of the Company into, or Parent into any other corporation, or upon any conveyance, lease or transfer or lease of the property of the Company or Parent as an entirety or substantially as the an entirety to any other Person, any Principal Property property or assets of the Company or Parent or of any Restricted Securities owned immediately prior thereto, Subsidiary would thereupon become or be subject to any Lien, then unless such Lien could be created pursuant to Section 1006 1009 without equally and ratably securing the Securities, the Company Parent, prior to or simultaneously with such transaction consolidation, merger, conveyance, lease or transfer, will, as to such Principal Property property or Restricted Securitiesassets, secure the Securities Outstanding hereunder (together with, if the Company Parent shall so determine, any other Indebtedness Debt of the Company 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, merger, conveyance, lease or transfer or lease is to become secured as to such Principal Property property or Restricted Securities assets 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, which would 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 consolidation consolidation, amalgamation or statutory arrangement of the Company with, Corporation with or merger of the Company into, Corporation into any other corporationPerson, or upon any sale, conveyance, transfer or lease of the property all or substantially all of the Company substantially as properties and assets of the entirety Corporation to any other Person, any Principal Property of the Company or any Restricted Securities owned immediately prior thereto, property and assets of the Corporation would thereupon become or be subject to any LienSecurity Interest, then unless such Lien Security Interest could be created pursuant to Section 1006 10.12 without equally and ratably securing the Securities, the Company Corporation prior to or simultaneously with such transaction willconsolidation, as to such Principal Property amalgamation, statutory arrangement, merger, conveyance, transfer or Restricted Securitieslease, will secure the Outstanding Securities Outstanding hereunder (together with, if the Company Corporation shall so determine, any other Indebtedness of the Company 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, transfer or lease is to become secured as to such Principal Property or Restricted Securities by such LienSecurity Interest, or will cause such Securities to be so secured; provided that PROVIDED 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, which would at the time of making such effective provision of such equal and ratable security, would be due and payable pursuant to Section 502 5.2 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 consolidation of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer or lease of the property of the Company as an entirety or substantially as the an entirety to any other Person, any Principal Property of the Company or of any Restricted Securities owned immediately prior theretoSubsidiary, would thereupon become or be subject to any Lien, then unless such Lien could be created pursuant to Section 1006 under the Indenture without equally and ratably securing the Securities, the Company Company, prior to or simultaneously simulta neously with such transaction consolidation, merger, conveyance, lease or transfer, will, as to such Principal Property or Restricted SecuritiesProperty, secure the Securities Outstanding hereunder (together with, if the Company shall so determine, any other Indebtedness Debt of the 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, merger, conveyance, lease or transfer or lease is to become secured as to such Principal Property or Restricted Securities by such Lien, or will cause such Securities to be so secured; provided that PROVIDED 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, which would 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 56 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 consolidation or amalgamation of the Company with, or the Guarantor with or merger or arrangement of the Company into, or the Guarantor into any other corporationcorporation or partnership, or upon any conveyance, lease or transfer of all or lease substantially all of the property of the Company substantially as the entirety to any other Person, any Principal Property properties and assets of the Company or the Guarantor to any Restricted Securities Person in accordance with Section 8.1, any properties or assets of the Company or the Guarantor or any Subsidiary of the Company or the Guarantor owned immediately prior thereto, would thereupon become or be subject to any Lien, then then, unless such Lien could be created pursuant to Section 1006 10.6 without equally and ratably securing the Securities, the Company prior to or simultaneously with such transaction will, as to such Principal Property or Restricted Securities, secure the Securities Outstanding hereunder (together with, if the Company shall so determine, any other Indebtedness of the 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, arrangement, conveyance, lease or transfer or lease is to become secured as to such Principal Property or Restricted Securities by such Lien, the Company or the Guarantor, simultaneously with or prior to such consolidation, amalgamation, merger, arrangement, conveyance, lease or transfer, will cause such Securities to be so secured; provided that provided, however, 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 whichwhich would, at the time of making such provision of such equal and ratable securityeffective provision, would be due and payable pursuant to Section 502 5.2 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 Company with, Corporation with or merger of the Company into, Corporation into any other corporation, partnership or trust or upon any conveyance, lease or transfer of all or lease substantially all of the property of the Company substantially as the entirety Corporation to any other Person, any Principal Restricted Property of the Company Corporation or a Restricted Subsidiary, 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 10.06 without equally and ratably securing the Securities, the Company Corporation, prior to or simultaneously with such transaction consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Principal Restricted Property or Restricted Securities, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Company Corporation shall so determine, any other Indebtedness indebtedness of the Company Corporation 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 or lease is to become secured as to such Principal Restricted 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, which would at the time of making such effective provision of such equal and ratable security, would 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 of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer of all or lease substantially all of the property of the Company substantially as the entirety to any other Person, any Principal Restricted Property of the Company or a Restricted Subsidiary, or any Restricted Securities owned by the Company 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 Company Company, prior to or simultaneously with such transaction consolidation, amalgamation, statutory arrangement, merger, conveyance, lease or transfer, will, as to such Principal Restricted Property or Restricted Securities, secure or cause such Restricted Subsidiary to secure the Securities Outstanding hereunder (together with, if the Company shall so determine, any other Indebtedness indebtedness of the 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 or lease is to become secured as to such Principal Restricted 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, which would 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