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, merger, or upon any such sale, lease, exchange or other disposition, or upon any acquisition by the Issuer by purchase or otherwise of all or any part of the properties of any other corporation, any Principal Property owned by the Issuer or a Restricted Subsidiary immediately prior thereto would thereupon become subject to any mortgage, security interest, pledge, lien or encumbrance, not permitted by Section 3.6 hereof, the Issuer, prior to such consolidation, merger, sale, lease, exchange or other disposition or acquisition, will by indenture supplemental hereto secure the due and punctual payment of the principal of and interest, if any, on the Securities then outstanding (equally and ratably, or with such other relative priority specified in Section 3.6, with any other indebtedness of or guaranteed by the Issuer then entitled thereto) by a direct lien on such Principal Property, together with any other properties and assets of the Issuer or of any such Restricted Subsidiary, whichever shall be the owner of any such Principal Property, which would thereupon become subject to any such mortgage, security interest, pledge, lien or encumbrance, prior to all liens other than any theretofore existing thereon.

Securities to be Secured in Certain Events. If, upon any such consolidation, mergerconsolidation or merger of the Company with or into any corporation, or upon any such sale, lease, exchange the conveyance or other disposition, or upon any acquisition transfer by the Issuer by purchase or otherwise Company of all or its properties and assets substantially as an entirety in accordance with Section 8.01 hereof to any part of the properties of any other corporationPerson, any Principal Property owned by the Issuer Company or a Restricted Subsidiary immediately prior thereto would thereupon become subject to any mortgage, security interest, pledge, lien or encumbrance, encumbrance not permitted by Section 3.6 hereof10.05, the IssuerCompany will, prior to such consolidation, merger, saleconveyance or transfer, lease, exchange or other disposition or acquisition, will by indenture supplemental hereto hereto, secure the due and punctual payment of the principal of (and premium, if any) and interest, if any, on the Outstanding Securities then outstanding and coupons, if any, appertaining thereto (equally and ratably, or with such other relative priority specified in Section 3.6, ratably with any other indebtedness of or guaranteed by the Issuer Company then entitled theretoto be so secured) by a direct lien on such Principal Property, together with any other properties and assets of the Issuer Company or of any such Restricted Subsidiary, whichever shall be the owner of any such Principal Property, which would thereupon become subject to any such mortgage, security interest, pledge, lien or encumbrance, prior to all liens other than any theretofore existing thereon.

Securities to be Secured in Certain Events. If, upon any such consolidation, mergerconsolidation or merger of the Company with or into any Person, or upon any such sale, lease, exchange the conveyance or other disposition, or upon any acquisition transfer by the Issuer by purchase or otherwise Company of all or its properties and assets substantially as an entirety in accordance with Section 8.01 hereof to any part of the properties of any other corporationPerson, any Principal Property owned by the Issuer Company or a Restricted Subsidiary immediately prior thereto would thereupon become subject to any mortgage, security interest, pledge, lien or encumbrance, encumbrance not permitted by Section 3.6 hereof10.05, the IssuerCompany will, prior to such consolidation, merger, saleconveyance or transfer, lease, exchange or other disposition or acquisition, will by indenture supplemental hereto hereto, secure the due and punctual payment of the principal of (and premium, if any) and interest, if any, on the Outstanding Securities then outstanding and coupons, if any, appertaining thereto (equally and ratably, or with such other relative priority specified in Section 3.6, ratably with any other indebtedness of or guaranteed by the Issuer Company then entitled theretoto be so secured) by a direct lien on such Principal Property, together with any other properties and assets of the Issuer Company or of any such Restricted Subsidiary, whichever shall be the owner of any such Principal Property, which would thereupon become subject to any such mortgage, security interest, pledge, lien or encumbrance, prior to all liens other than any theretofore existing thereon.. ARTICLE NINE

Securities to be Secured in Certain Events. If, upon any such consolidation, mergerconsolidation or merger of the Borrower with or into any corporation, or upon any such sale, lease, exchange the conveyance or other disposition, or upon any acquisition transfer by the Issuer by purchase or otherwise Borrower of all or its properties and assets substantially as an entirety in accordance with Section 7.2(A) hereof to any part of the properties of any other corporationPerson, any Principal Property owned by the Issuer Borrower or a Restricted Subsidiary immediately prior thereto would thereupon become subject to any mortgage, security interest, pledge, lien or encumbrance, encumbrance not permitted by Section 3.6 hereof7.2(B), the IssuerBorrower will, prior to such consolidation, merger, saleconveyance or transfer, leaseby an instrument in form and substance satisfactory to the Administrative Agent, exchange or other disposition or acquisition, will by indenture supplemental hereto secure the due and punctual payment of the principal of and interest, if any, on the Securities then outstanding Obligations (equally and ratably, or with such other relative priority specified in Section 3.6, ratably with any other indebtedness Indebtedness of or guaranteed by the Issuer Borrower then entitled theretoto be so secured) by a direct lien on such Principal Property, together with any other properties and assets of the Issuer Borrower or of any such Restricted Subsidiary, whichever shall be the owner of any such Principal Property, which would thereupon become subject to any such mortgage, security interest, pledge, lien or encumbrance, prior to all liens other than any theretofore existing thereon.

Securities to be Secured in Certain Events. If, upon any such consolidation, consolidation or merger, or upon any such sale, conveyance or lease, exchange or other disposition, or upon any acquisition by the Issuer Company by purchase or otherwise of all or any part of the properties of any other corporation, any Principal Property owned by the Issuer Company or a Restricted Subsidiary immediately prior thereto would thereupon become subject to any mortgage, security interest, pledge, lien or encumbrance, not permitted by Section 3.6 4.10 hereof, the IssuerCompany, prior to such consolidation, merger, sale, leaseconveyance, exchange or other disposition lease or acquisition, will by indenture supplemental hereto secure the due and punctual payment of the principal of and interest, if any, on the Securities then outstanding (equally and ratably, or with such other relative priority specified in Section 3.6, ratably with any other indebtedness of or guaranteed by the Issuer Company then entitled thereto) by a direct lien on such Principal Property, together with any other properties and assets of the Issuer Company or of any such Restricted Subsidiary, whichever shall be the owner of any such Principal Property, which would thereupon become subject to any such mortgage, security interest, pledge, lien or encumbrance, prior to all liens other than any theretofore existing thereon.

Securities to be Secured in Certain Events. If, upon any such consolidation, mergerconsolidation or merger of the Company with or into any corporation, or upon any such sale, lease, exchange the conveyance or other disposition, or upon any acquisition transfer by the Issuer by purchase or otherwise Company of all or its properties and assets substantially as an entirety in accordance with Section 8.01 hereof to any part of the properties of any other corporationPerson, any Principal Property owned by the Issuer Company or a Restricted Subsidiary immediately prior thereto would thereupon become subject to any mortgage, security interest, pledge, lien or encumbrance, encumbrance not permitted by Section 3.6 hereof10.05, the IssuerCompany will, prior to such consolidation, merger, saleconveyance or transfer, lease, exchange or other disposition or acquisition, will by indenture supplemental hereto hereto, secure the due and punctual payment of the principal of (and premium, if any) and interest, if any, on the Outstanding Securities then outstanding (equally and ratably, or with such other relative priority specified in Section 3.6, ratably with any other indebtedness of or guaranteed by the Issuer Company then entitled theretoto be so secured) by a direct lien on such Principal Property, together with any other properties and assets of the Issuer Company or of any such Restricted Subsidiary, whichever shall be the owner of any such Principal Property, which would thereupon become subject to any such mortgage, security interest, pledge, lien or encumbrance, prior to all liens other than any theretofore existing thereon.

Securities to be Secured in Certain Events. If, upon any such consolidation, mergerconsolidation or merger of the Company with or into any corporation, or upon any such sale, lease, exchange the conveyance or other disposition, or upon any acquisition transfer by the Issuer by purchase or otherwise Company of all or its properties and assets substantially as an entirety in accordance with Section 8.01 hereof to any part of the properties of any other corporationPerson, any Principal Property owned by the Issuer Company or a Restricted Subsidiary immediately prior thereto would thereupon become subject to any mortgage, security interest, pledge, lien or encumbrance, encumbrance not permitted by Section 3.6 hereof10.05, the IssuerCompany will, prior to such consolidation, merger, saleconveyance or transfer, lease, exchange or other disposition or acquisition, will by indenture supplemental hereto hereto, secure the due and punctual payment of the principal of (and premium, if any) and interest, if any, on the Outstanding Securities then outstanding and coupons, if any, appertaining thereto (equally and ratably, or with such other relative priority specified in Section 3.6, ratably with any other indebtedness of or guaranteed by the Issuer Company then entitled theretoto be so secured) by a direct lien on such Principal Property, together with any other properties and assets of the Issuer Company or of any such Restricted Subsidiary, whichever shall be the owner of any such Principal Property, which would thereupon become subject to any such mortgage, security interest, pledge, lien or encumbrance, prior to all liens other than any theretofore existing thereon.. ARTICLE NINE