Common use of Amalgamation Clause in Contracts

Amalgamation. The Grantor acknowledges and agrees that in the event it amalgamates with any other corporation or corporations, it is the intention of the parties that the Security Interest (i) extends to all of the property and undertaking that each of the amalgamating corporations and the amalgamated corporation then has, or thereafter acquires, any right, title, interest in and all right, title and interest that each of the amalgamating corporations and the amalgamated corporation then has, or thereafter acquires or has, in any property and undertaking; and (ii) secures the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by each of the amalgamating corporations and the amalgamated corporation to the Secured Parties at the time of amalgamation and any such obligations of the amalgamated corporation to the Secured Parties arising after the amalgamation. The Security Interest attaches to the additional collateral at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. Upon any such amalgamation, the defined term “Grantor” means, collectively, each of the amalgamating corporations and the amalgamated corporation, the defined term “Collateral” means all of the property and undertaking and interests described in (i) above, and the defined term “Secured Obligations” means the obligations described in (ii) above.

Amalgamation. The Grantor Obligor acknowledges and agrees that in the event it amalgamates with any other corporation or corporations, it is the intention of the parties that the Security Interest (i) subject to Section 2.4, extends to to: (A) all of the property and undertaking that each any of the amalgamating corporations then owns, (B) all of the property and undertaking that the amalgamated corporation then has, or thereafter acquires, (C) all of the property and undertaking in which any right, title, interest in and all right, title and interest that each of the amalgamating corporations then has any interest and (D) all of the property and undertaking in which the amalgamated corporation then has, or thereafter acquires or has, in any property and undertakinginterest; and (ii) secures the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by each of the amalgamating corporations and the amalgamated corporation to the Secured Finance Parties in any currency, however or wherever incurred, and whether incurred alone or jointly with another or others and whether as principal, guarantor or surety and whether incurred prior to, at the time of amalgamation and any such obligations of the amalgamated corporation or subsequent to the Secured Parties arising after the amalgamation. The Security Interest attaches to the additional collateral at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. Upon any such amalgamation, the defined term “GrantorObligor” means, collectively, each of the amalgamating corporations and the amalgamated corporation, the defined term “Collateral” means all of the property and undertaking and interests described in (i) above, and the defined term “Secured Obligations” means the obligations described in (ii) above.

Amalgamation. The Grantor Each of the Obligors acknowledges and agrees that in the event it amalgamates with any other corporation or corporations, it is the intention of the parties that the Security Interest (i) subject to Section 2.4, extends to to: (A) all of the property of the type and undertaking description set forth in Section 2.1 that each any of the amalgamating corporations then owns, (B) all of the property of the type and description set forth in Section 2.1 that the amalgamated corporation then has, or thereafter acquires, (C) all of the property of the type and description set forth in Section 2.1 in which any right, title, interest in and all right, title and interest that each of the amalgamating corporations then has any interest and (D) all of the property of the type and description set forth in Section 2.1 in which the amalgamated corporation then has, or thereafter acquires or has, in any property and undertakinginterest; and (ii) secures the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by obligations of each of the amalgamating corporations and the amalgamated corporation to the Secured Parties of nature and kind set forth in Section 2.2 and whether incurred prior to, at the time of amalgamation and any such obligations of the amalgamated corporation or subsequent to the Secured Parties arising after the amalgamation. The Security Interest attaches to the additional collateral at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. Upon any such amalgamation, the defined term “GrantorObligor” meansincludes, collectively, each of the amalgamating corporations and the amalgamated corporation, the defined term “Collateral” means all of the property and undertaking and interests described in (i) above, and the defined term “Secured Obligations” means the obligations described in (ii) above.

Amalgamation. The Each Grantor acknowledges and agrees that in the event it amalgamates with any other corporation or corporations, it is the intention of the parties that the Security Interest (i) extends to to: (A) all of the property and undertaking that each any of the amalgamating corporations then owns, (B) all of the property and undertaking that the amalgamated corporation then has, or thereafter acquires, (C) all of the property and undertaking in which any right, title, interest in and all right, title and interest that each of the amalgamating corporations then has any interest and (D) all of the property and undertaking in which the amalgamated corporation then has, or thereafter acquires or has, in any property and undertakinginterest; and (ii) secures the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by each of the amalgamating corporations and the amalgamated corporation to the Secured Credit Parties in any currency, however or wherever incurred, and whether incurred alone or jointly with another or others and whether as principal, guarantor or surety and whether incurred prior to, at the time of amalgamation and any such obligations of the amalgamated corporation or subsequent to the Secured Parties arising after the amalgamation. The Security Interest attaches to the additional collateral at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. Upon any such amalgamation, the defined term “Grantor” means, collectively, each of the amalgamating corporations and the amalgamated corporation, the defined term “Collateral” means all of the property and undertaking and interests described in (i) above, and the defined term “Secured Obligations” means the obligations described in (ii) above.

Amalgamation. The Grantor Each Obligor acknowledges and agrees that in the event it amalgamates with any other corporation or corporations, it is the intention of the parties that the Security Interest (i) subject to Section 2.4, extends to to: (A) all of the property and undertaking that each any of the amalgamating corporations then owns, (B) all of the property and undertaking that the amalgamated corporation then has, or thereafter acquires, (C) all of the property and undertaking in which any right, title, interest in and all right, title and interest that each of the amalgamating corporations then has any interest and (D) all of the property and undertaking in which the amalgamated corporation then has, or thereafter acquires or has, in any property and undertakinginterest; and (ii) secures the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by each of the amalgamating corporations and the amalgamated corporation to the Secured Parties in any currency, however or wherever incurred, and whether incurred alone or jointly with another or others and whether as principal, guarantor or surety and whether incurred prior to, at the time of amalgamation and any such obligations of the amalgamated corporation or subsequent to the Secured Parties arising after the amalgamation. The Security Interest attaches to the additional collateral at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. Upon any such amalgamation, the defined term “GrantorObligors” meansshall include, collectively, each of the amalgamating corporations and the amalgamated corporation, the defined term “Collateral” means all of the property and undertaking and interests described in (i) above, and the defined term “Secured Obligations” means the obligations described in (ii) above.

Amalgamation. The Grantor Each Obligor acknowledges and agrees that in the event it amalgamates with any other corporation or corporations, it is the intention of the parties that the Security Interest (i) subject to Section 2.4, extends to to: (A) all of the property and undertaking that each any of the amalgamating corporations then owns, (B) all of the property and undertaking that the amalgamated corporation then has, or thereafter acquires, (C) all of the property and undertaking in which any right, title, interest in and all right, title and interest that each of the amalgamating corporations then has any interest and (D) all of the property and undertaking in which the amalgamated corporation then has, or thereafter acquires or has, in any property and undertakinginterest; and (ii) secures the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by each of the amalgamating corporations and the amalgamated corporation to the Secured Parties Creditors in any currency, however or wherever incurred, and whether incurred alone or jointly with another or others and whether as principal, guarantor or surety and whether incurred prior to, at the time of amalgamation and any such obligations of the amalgamated corporation or subsequent to the Secured Parties arising after the amalgamation. The Security Interest attaches to the additional collateral at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. Upon any such amalgamation, the defined term “GrantorObligor” means, collectively, each of the amalgamating corporations and the amalgamated corporation, the defined term “Obligors” includes each of the amalgamating corporations and the amalgamated corporation, the defined term “Collateral” means all of the property and undertaking and interests described in (i) above, and the defined term “Secured Obligations” means the obligations described in (ii) above.

Amalgamation. The Each Grantor acknowledges and agrees that in the event it amalgamates with any other corporation or corporations, it is the intention of the parties that the Security Interest (i) subject to Section 2.4, extends to to: (A) all of the property and undertaking that each any of the amalgamating corporations then owns, (B) all of the property and undertaking that the amalgamated corporation then has, or thereafter acquires, (C) all of the property and undertaking in which any right, title, interest in and all right, title and interest that each of the amalgamating corporations then has any interest and (D) all of the property and undertaking in which the amalgamated corporation then has, or thereafter acquires or has, in any property and undertakinginterest; and (ii) secures the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by each of the amalgamating corporations and the amalgamated corporation to the Secured Parties in any currency, however or wherever incurred, and whether incurred alone or jointly with another or others and whether as principal, guarantor or surety and whether incurred prior to, at the time of amalgamation and any such obligations of the amalgamated corporation or subsequent to the Secured Parties arising after the amalgamation. The Security Interest attaches to the additional collateral at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. Upon any such amalgamation, the defined term “Grantor” in respect of such Grantor means, collectively, each of the amalgamating corporations and the amalgamated corporation, the defined term “Collateral” means all of the property and undertaking and interests described in (i) above, and the defined term “Secured Obligations” means the obligations described in (ii) above.

Amalgamation. The Grantor Obligor acknowledges and agrees that in the event it amalgamates with any other corporation or corporations, it is the intention of the parties that the Security Interest (i) subject to Section 2.4, extends to to: (A) all of the property and undertaking that each any of the amalgamating corporations then owns, (B) all of the property and undertaking that the amalgamated corporation then has, or thereafter acquires, (C) all of the property and undertaking in which any right, title, interest in and all right, title and interest that each of the amalgamating corporations then has any interest and (D) all of the property and undertaking in which the amalgamated corporation then has, or thereafter acquires or has, in any property and undertakinginterest; and (ii) secures the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by each of the amalgamating corporations and the amalgamated corporation to the Secured Finance Parties in any currency, however or wherever incurred, and whether incurred alone or jointly with another or others and whether as principal, guarantor or surety and whether incurred prior to, at the time of amalgamation and any such obligations of the amalgamated corporation or subsequent to the Secured Parties arising after the amalgamation. The Security Interest attaches to the additional collateral at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. Upon any such amalgamation, the defined term “GrantorObligor” means, collectively, each of the amalgamating corporations and the amalgamated corporation, the defined term “Collateral” means all of the property and undertaking and interests described in (i) above, and the defined term “Secured ObligationsLiabilities” means the obligations described in (ii) above.

Amalgamation. The Grantor Each Obligor acknowledges and agrees that in the event it amalgamates with any other corporation or corporations, it is the intention of the parties that the Security Interest (i) subject to Section 2.4, extends to to: (A) all of the property and undertaking that each any of the amalgamating corporations then owns, (B) all of the property and undertaking that the amalgamated corporation then has, or thereafter acquires, (C) all of the property and undertaking in which any right, title, interest in and all right, title and interest that each of the amalgamating corporations then has any interest and (D) all of the property and undertaking in which the amalgamated corporation then has, or thereafter acquires or has, in any property and undertakinginterest; and (ii) secures the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmaturedObligations, at any time or from time to time due or accruing due and owing by or otherwise payable by each of the amalgamating corporations and the amalgamated corporation to the Secured Parties in any currency, however or wherever incurred, and whether incurred alone or jointly with another or others and whether as principal, guarantor or surety and whether incurred prior to, at the time of amalgamation and any such obligations of the amalgamated corporation or subsequent to the Secured Parties arising after the amalgamation. The Security Interest attaches to the additional collateral at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. Upon any such amalgamation, the defined term “GrantorObligors” meansshall also include, collectively, each of the amalgamating corporations and the amalgamated corporation, the defined term “Collateral” means all of the property and undertaking and interests described in (i) above, and the defined term “Secured Obligations” means includes the obligations described in (ii) above.

Amalgamation. The Grantor Each Obligor acknowledges and agrees that in the event it amalgamates with any other corporation or corporations, it is the intention of the parties that the Security Interest (i) subject to Section 2.4, extends to to: (A) all of the property and undertaking that each any of the amalgamating corporations then owns, (B) all of the property and undertaking that the amalgamated corporation then has, or thereafter acquires, (C) all of the property and undertaking in which any right, title, interest in and all right, title and interest that each of the amalgamating corporations then has any interest and (D) all of the property and undertaking in which the amalgamated corporation then has, or thereafter acquires or has, in any property and undertakinginterest; and (ii) secures the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmaturedthe Obligations, at any time or from time to time due or accruing due and owing by or otherwise payable by each of the amalgamating corporations and the amalgamated corporation to the Secured Parties in any currency, however or wherever incurred, and whether incurred alone or jointly with another or others and whether as principal, guarantor or surety and whether incurred prior to, at the time of amalgamation and any such obligations of the amalgamated corporation or subsequent to the Secured Parties arising after the amalgamation. The Security Interest attaches to the additional collateral at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. Upon any such amalgamation, the defined term “GrantorObligors” meansshall also include, collectively, each of the amalgamating corporations and the amalgamated corporation, the defined term “Collateral” means all of the property and undertaking and interests described in (i) above, and the defined term “Secured Obligations” means includes the obligations described in (ii) above.