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 or amalgamation of the Company with or merger of the Company into any other Person, or upon any conveyance, transfer, lease or disposition of the properties and assets of the Company substantially as an entirety to any Person by liquidation, winding-up or otherwise (in one transaction or a series of related transactions), any property or asset of the Company or of any Subsidiary, would thereupon become subject to any Lien, then, unless such Lien could be created, prior to the Release Date pursuant to Section 1007 and on or after the Release Date pursuant to Section 1009 without equally and ratably securing the Securities, the Company, prior to or simultaneously with such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition, will, as to such property or asset, secure the Securities Outstanding hereunder (together with, if the Company shall so determine, any other Debt of the Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the Debt which upon such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition is to become secured as to such property or asset by such Lien, or will cause such Securities to be so secured.

Securities to be Secured in Certain Events. If, upon any such consolidation or amalgamation of the Company with or merger of the Company into any other Person, or upon any conveyance, transfer, lease or disposition of the properties and assets of the Company substantially as an entirety to any Person by liquidation, winding-up or otherwise (in one transaction or a series of related transactions), any property or asset of the Company or of any Subsidiary, would thereupon become subject to any Lien, then, unless such Lien could be created, prior to the Release Date pursuant to Section 1007 1008 and on or after the Release Date pursuant to Section 1009 1010 without equally and ratably securing the Securities, the Company, prior to or simultaneously with such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition, will, as to such property or asset, secure the Securities Outstanding hereunder (together with, if the Company shall so determine, any other Debt of the Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the Debt which upon such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition is to become secured as to such property or asset by such Lien, or will cause such Securities to be so secured.

Securities to be Secured in Certain Events. If, upon any such consolidation or amalgamation of the Company with or merger of the Company into any other Person, or upon any conveyance, transfer, lease or disposition of the properties and assets of the Company substantially as an entirety to any Person by liquidation, winding-up or otherwise (in one transaction or a series of related transactions), any property or asset of the Company or of any Subsidiary, would thereupon become subject to any Lien, then, unless such Lien could be created, prior to the Release Date pursuant to Section 1007 and on or after the Release Date pursuant to Section 1009 without equally and ratably securing the Securities, the Company, prior to or simultaneously with such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition, will, as to such property or asset, secure the Securities Outstanding hereunder (together with, if the Company shall so determine, any other Debt of the Company now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the Debt which upon such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition is to become secured as to such property or asset by such Lien, or will cause such Securities to be so secured.. ARTICLE NINE