Common use of Senior Notes to Be Secured in Certain Events Clause in Contracts

Senior Notes 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 sale, assignment, conveyance, transfer, lease or other disposition of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien to secure Pari Passu Indebtedness or Junior Indebtedness, then unless such Lien could be created pursuant to Section 9.16 without equally and ratably securing the Senior Notes, the Company, prior to or simultaneously with such consolidation, merger, sale, assignment, conveyance, transfer, lease or other disposition, will, as to such property or assets, secure the Senior Notes Outstanding (together with, if the Company shall so determine, any other Indebtedness of the Company now existing or hereinafter created which is not subordinate in right of payment to the Senior Notes) equally and ratably with the Pari Passu Indebtedness or prior to the Junior Indebtedness which upon such consolidation, merger, sale, assignment, conveyance, transfer, lease or other disposition is to become secured as to such property or assets by such Lien.

Senior Notes 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 sale, assignment, conveyance, transfer, lease or other disposition transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien to secure Pari Passu Indebtedness or Junior IndebtednessLien, then unless such Lien could be created pursuant to Section 9.16 1014 without equally and ratably securing the Senior Notes, the Company, prior to or simultaneously with such consolidation, merger, sale, assignment, conveyance, transfer, lease or other dispositiontransfer, will, will as to such property or assets, secure the Senior Notes Outstanding (together with, if the Company shall so determine, determine any other Indebtedness of the Company now existing or hereinafter created which is not subordinate in right of payment to the Senior Notes) equally and ratably with the Pari Passu Indebtedness (or prior to to) the Junior Indebtedness which upon such consolidation, merger, sale, assignment, conveyance, transfer, lease or other disposition transfer is to become secured as to such property or assets by such Lien, or will cause such Senior Notes to be so secured.