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, but only to the extent that such indebtedness is Subordinated Indebtedness) 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 and other than liens securing Senior Indebtedness.

Appears in 2 contracts

Samples: Senior Subordinated Indenture (Seagull Energy Corp), Senior Subordinated Indenture (Seagull Energy Corp)

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Securities to be Secured in Certain Events. If, upon any such consolidation, mergerconsolidation or merger of the Company, or upon any such saleconveyance or transfer of the property and assets of the Company substantially as an entirety, lease, exchange or other disposition or upon any acquisition by consolidation or merger of any Restricted Subsidiary with or into any other Subsidiary, or upon any conveyance or transfer of the Issuer by purchase or otherwise property and assets of all any Restricted Subsidiary substantially as an entirety to any other Subsidiary, any Restricted Property of the Company or any part Restricted Subsidiary or any shares of the properties stock or indebtedness of any other corporation, any Principal Property owned by the Issuer or a Restricted Subsidiary owned immediately prior thereto would thereupon become subject to any mortgage, security interest, pledge, lien or encumbrance, not Mortgage (other than Mortgages which would be permitted by under Section 3.6 hereof3.05 without the Company's having to secure the Securities equally and ratably), the IssuerCompany, prior to any such consolidation, merger, sale, lease, exchange conveyance or other disposition or acquisitiontransfer, will by indenture supplemental hereto secure the due and punctual payment of the principal of and interestSecurities (together with, if anythe Company shall so determine, on the Securities then outstanding (equally and ratably, or with such other relative priority specified in Section 3.6, with any other indebtedness of the Company or guaranteed by such Restricted Subsidiary then existing or thereafter created ranking on a parity with the Issuer then entitled thereto, but only to the extent that such indebtedness is Subordinated IndebtednessSecurities) by a direct lien on such Principal Restricted Property, together with any other properties and assets shares of the Issuer stock 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 encumbranceindebtedness, prior to all liens other than any theretofore existing thereon and other than liens securing Senior Indebtednessthereon.

Appears in 1 contract

Samples: Indenture (Phillips Petroleum Co)

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 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, 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 then entitled thereto, but only to the extent that such indebtedness is Subordinated Indebtedness) 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 and other than liens securing Senior Indebtednessthereon.

Appears in 1 contract

Samples: Indenture Agreement (Halliburton Co)

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Securities to be Secured in Certain Events. If, upon any such consolidation, mergerconsolidation or merger of the Company, or upon any such sale, lease, exchange conveyance or other disposition transfer of the property and assets of the Company substantially as an entirety or upon any acquisition by consolidation or merger of any Restricted Subsidiary with or into any other Subsidiary, or upon any conveyance or transfer of the Issuer by purchase or otherwise property and assets of all any Restricted Subsidiary substantially as an entirety to any other Subsidiary, any Restricted Property of the Company or any part Restricted Subsidiary or any shares of the properties stock or indebtedness of any other corporation, any Principal Property owned by the Issuer or a Restricted Subsidiary owned immediately prior thereto would thereupon become subject to any mortgage, security interest, pledge, lien or encumbrance, not Mortgage (other than Mortgages which would be permitted by under Section 3.6 hereof3.05 without the Company's having to secure the Securities equally and ratably), the IssuerCompany, prior to any such consolidation, merger, sale, lease, exchange conveyance or other disposition or acquisitiontransfer, will by indenture supplemental hereto secure the due and punctual payment of the principal of and interestSecurities (together with, if anythe Company shall so determine, on the Securities then outstanding (equally and ratably, or with such other relative priority specified in Section 3.6, with any other indebtedness of the Company or guaranteed by such Restricted Subsidiary then existing or thereafter created ranking on a parity with the Issuer then entitled thereto, but only to the extent that such indebtedness is Subordinated IndebtednessSecurities) by a direct lien on such Principal Restricted Property, together with any other properties and assets shares of the Issuer stock 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 encumbranceindebtedness, prior to all liens other than any theretofore existing thereon and other than liens securing Senior Indebtednessthereon.

Appears in 1 contract

Samples: Indenture (Phillips Petroleum Co)

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