Common use of Amalgamation Clause in Contracts

Amalgamation. Each Granting Party acknowledges and agrees that, in the event it amalgamates with any other company or companies, it is the intention of the parties hereto that the term “Grantor” or “Pledgor”, as the case may be, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the lien granted hereby: (a) shall extend to Collateral (or in the case of a Pledgor, Pledged Collateral) owned by each of the amalgamating corporations and the amalgamated corporations at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged Collateral) thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all Obligations of each of the amalgamating corporations and the amalgamated corporations to the Canadian Collateral Agent and the Secured Parties at the time of amalgamation and all Obligations of the amalgamated corporation to the Canadian Collateral Agent and the Secured Parties thereafter arising. The Lien shall attach to all Collateral (or in the case of a Pledgor, Pledged Collateral) owned by each corporation amalgamating with Granting Party, and by the amalgamated corporation, at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged Collateral) thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Amalgamation. Each Granting Party Grantor acknowledges and agrees that, in the event it amalgamates or merges with any other company corporation or companiescorporations, it is the intention of the parties hereto that the term “Grantor” or “Pledgor”, as the case may be, when used herein, shall apply to each of the amalgamating or merging corporations and to the amalgamated or merged corporation, such that the lien Security Interest granted hereby: (ai) shall extend to Collateral “Collateral” (or in the case of a Pledgor, Pledged Collateralas that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporations or merged corporation at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated or merged corporation, and (bii) shall secure all Obligations “Secured Obligations” (as that term is herein defined) of each of the amalgamating or merging corporations and the amalgamated corporations or merged corporation to the Canadian Collateral Agent and the Secured Parties at the time of amalgamation or merger and all Obligations “Secured Obligations” of the amalgamated or merged corporation to the Canadian Collateral Agent and the Secured Parties thereafter arising. The Lien Security Interest shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” owned by each corporation corporations amalgamating or merging with Granting Partyany Debtor, and by the amalgamated corporationor merged company, at the time of the amalgamationamalgamation or merger, and shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated or merged corporation when such becomes owned or is acquired.

Amalgamation. Each Granting Party Grantor acknowledges and agrees that, in the event it amalgamates with any other company or companies, it is the intention of the parties hereto that the term “Grantor” or “Pledgor”, as the case may be, when used herein, shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the lien security interest granted hereby: (a) i. shall extend to Collateral “Collateral” (or in the case of a Pledgor, Pledged Collateralas that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporations company at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation, company; and (b) ii. shall secure all Obligations “Obligations” (as that term is herein defined) of each of the amalgamating corporations companies and the amalgamated corporations company to the Canadian Collateral Agent and the other Secured Parties or any of them at the time of amalgamation and all Obligations “Obligations” of the amalgamated corporation company to the Canadian Administrative Agent, Collateral Agent and the other Secured Parties or any of them thereafter arising. The Lien Security Interest shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” owned by each corporation company amalgamating with Granting Partythe Grantor, and by the amalgamated corporationcompany, at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.

Amalgamation. Each Granting Party (a) The Corporation acknowledges and agrees that, in the event that if it amalgamates with any other company corporation or companies, it is the intention of the parties hereto that the term “Grantor” or “Pledgor”, as the case may be, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the lien granted hereby: (a) the Secured Property and the lien created hereby shall extend to Collateral (or in and include all the case property and assets of a Pledgor, Pledged Collateral) owned by each of the amalgamating corporations and the amalgamated corporations at the time of amalgamation corporation and to any Collateral (property or in assets of the case of a Pledgor, Pledged Collateral) amalgamated corporation thereafter owned or acquired by acquired, (b) the term, “Corporation”, where used herein shall extend to and include each of the amalgamating corporations and the amalgamated corporation, and and (bc) the term, “Obligations”, where used herein shall secure all extend to and include the Obligations of each of the amalgamating corporations and the amalgamated corporation. Nothing is this Section 9.7(a) shall permit or authorize an amalgamation that is otherwise prohibited by the provisions of this Agreement. For purposes solely of this Section 9.7(a), the Corporate Migration shall be deemed to constitute an amalgamation. (b) The US Subsidiary acknowledges that if it merges with any other corporation or corporations to (a) the Canadian Collateral Agent Secured Property and the Secured Parties at lien created hereby shall extend to and include all the time property and assets of amalgamation and all Obligations each of the amalgamated corporation to the Canadian Collateral Agent merging corporations and the Secured Parties thereafter arising. The Lien shall attach surviving corporation and to all Collateral (any property or in the case of a Pledgor, Pledged Collateral) owned by each corporation amalgamating with Granting Party, and by the amalgamated corporation, at the time assets of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged Collateral) surviving corporation thereafter owned or acquired acquired, (b) the term, “US Subsidiary”, where used herein shall extend to and include each of the merging corporations and the surviving corporation, and (c) the term, “Obligations”, where used herein shall extend to and include the Obligations of each of the merging corporations and the surviving corporation. Nothing is this Section 9.7(b) shall permit or authorize an merger that is otherwise prohibited by the amalgamated corporation when such becomes owned or is acquiredprovisions of this Agreement. For purposes solely of this Section 9.7(b), the Corporate Migration shall be deemed to constitute a merger.

Amalgamation. Each Granting Party Debtor acknowledges and agrees that, notwithstanding any provision of this Agreement, in the event it amalgamates with any other company or companies, companies it is the intention of the parties hereto that the term “GrantorDebtor” or “Pledgor”, as the case may be, when used herein, herein shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the lien security interest granted hereby: (a) shall extend to Collateral "Collateral" (or in the case of a Pledgor, Pledged Collateralas that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporations company at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged "Collateral) " thereafter owned or acquired by the amalgamated corporationcompany, and (b) shall secure all Obligations the "Secured Obligations" (as that term is herein defined) of each of the amalgamating corporations companies and the amalgamated corporations company to the Canadian Collateral Senior Agent and the Secured Parties at the time of amalgamation and all Obligations any "Secured Obligations" of the amalgamated corporation company to the Canadian Collateral Senior Agent and the Secured Parties thereafter arising. The Lien Security Interests shall attach to all Collateral (or in the case of a Pledgor, Pledged "Collateral) " owned by each corporation company amalgamating with Granting PartyDebtor, and by the amalgamated corporationcompany, at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged any "Collateral) " thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.

Amalgamation. Each Granting Party The Debtor acknowledges and agrees that, in the event it amalgamates with any other company corporation or companiescorporations, it is the intention of the parties hereto that the term “Grantor” or “PledgorDebtor”, as the case may be, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the lien Security Interest granted hereby: (a) shall extend to Collateral “Collateral” (or in the case of a Pledgor, Pledged Collateralas that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporations corporation at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all Obligations “Secured Obligations” (as that term is herein defined) of each of the amalgamating corporations and the amalgamated corporations corporation to the Canadian Collateral Agent Trustee and the Secured Parties at the time of amalgamation and all Obligations “Secured Obligations” of the amalgamated corporation to the Canadian Collateral Agent Trustee and the Secured Parties thereafter arising. The Lien Security Interest shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” owned by each corporation amalgamating with Granting Partythe Debtor, and by the amalgamated corporationcorporation , at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Amalgamation. (a) Each Granting Party Grantor acknowledges and agrees that, in the event it amalgamates with any other company or companies, it is the intention of the parties hereto that the term “Grantor” or “Pledgor”, as the case may be, when used herein, shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the lien Security Interest granted hereby: (ai) shall extend to Collateral “Collateral” (or in the case of a Pledgor, Pledged Collateralas that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporations company at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation, company; and (bii) shall secure all Obligations “Secured Obligations” (as that term is herein defined) of each of the amalgamating corporations companies and the amalgamated corporations company to the Canadian Collateral Agent and the Secured Parties or any of them at the time of amalgamation and all Obligations “Secured Obligations” of the amalgamated corporation company to the Canadian Collateral Agent and the Secured Parties or any of them thereafter arising. The Lien Security Interest shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” owned by each corporation company amalgamating with Granting Partysuch Grantor, and by the amalgamated corporationcompany, at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.

Amalgamation. Each Granting Party The Company acknowledges and agrees that, that in the event it amalgamates with any other company corporation or companies, corporations it is the intention of the parties hereto that the term “Grantor” or “Pledgor”, as "the case may be, Company" when used herein, herein shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the lien Security Interest granted hereby: (a1) shall extend to Collateral "Collateral" (or in the case of a Pledgor, Pledged Collateralas that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporations corporation at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged "Collateral) " thereafter owned or acquired by the amalgamated corporation, and (b2) shall secure all the Guaranteed Obligations of each of the amalgamating corporations and the amalgamated corporations corporation to the Canadian Collateral Agent and the Secured Parties CTR Lenders, at the time of amalgamation and all Guaranteed Obligations of the amalgamated corporation to the Canadian Collateral Agent and the Secured Parties CTR Lenders, thereafter arising. The Lien Security Interest shall attach to all Collateral (or in the case of a Pledgor, Pledged "Collateral) " owned by each corporation amalgamating with Granting Partythe Company, and by the amalgamated corporation, at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged any "Collateral) " thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Amalgamation. . Each Granting Party Grantor acknowledges and agrees that, in the event it amalgamates with any other company or companies, it is the intention of the parties hereto that the term “Grantor” or “Pledgor”, as the case may be, when used herein, shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the lien security interest granted hereby: (a) i. shall extend to Collateral “Collateral” (or in the case of a Pledgor, Pledged Collateralas that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporations company at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation, company; and (b) ii. shall secure all Obligations “Obligations” (as that term is herein defined) of each of the amalgamating corporations companies and the amalgamated corporations company to the Canadian Collateral Administrative Agent and the other Secured Parties or any of them at the time of amalgamation and all Obligations “Obligations” of the amalgamated corporation company to the Canadian Administrative Agent, Collateral Agent and the other Secured Parties or any of them thereafter arising. The Lien Security Interest shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” owned by each corporation company amalgamating with Granting Partythe Grantor, and by the amalgamated corporationcompany, at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.

Amalgamation. Each Granting Party Grantor acknowledges and agrees that, in the event it amalgamates with any other company corporation or companiescorporations, it is the intention of the parties hereto that the term “Grantor” or “Pledgor”, as the case may be, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the lien Security Interest granted hereby: (a) shall extend to Collateral “Collateral” (or in the case of a Pledgor, Pledged Collateralas that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporations corporation at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all Obligations “Obligations” (as that term is herein defined) of each of the amalgamating corporations and the amalgamated corporations corporation to the Canadian Collateral Agent and the Secured Parties at the time of amalgamation and all Obligations “Obligations” of the amalgamated corporation to the Canadian Collateral Agent and the Secured Parties thereafter arising. The Lien Security Interest shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” owned by each corporation corporations amalgamating with Granting Partyany Debtor, and by the amalgamated corporationcompany, at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Amalgamation. Each Granting Party Grantor acknowledges and agrees that, in the event it amalgamates with any other company corporation or companiescorporations, it is the intention of the parties hereto that the term “Grantor” or “Pledgor”, as the case may be, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the lien security interest granted hereby: (a) shall extend to Collateral “Collateral” (or in the case of a Pledgor, Pledged Collateralas that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporations corporation at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all Obligations “Canadian Obligations” (as that term is herein defined) of each of the amalgamating corporations and the amalgamated corporations corporation to the Canadian Collateral Agent and the Secured Parties at the time of amalgamation and all Obligations “Canadian Obligations” of the amalgamated corporation to the Canadian Collateral Agent and the Secured Parties thereafter arising. The Lien security interest shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” owned by each corporation corporations amalgamating with Granting Partyany Grantor, and by the amalgamated corporationcompany, at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged “Collateral) ” thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. [Remainder of page intentionally blank; signature pages follow.]

Amalgamation. Each Granting Party Grantor acknowledges and agrees that, in the event it amalgamates with any other company corporation or companiescorporations, it is the intention of the parties hereto that the term “"Grantor” or “Pledgor”, as the case may be", when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the lien security interest granted hereby: (a) shall extend to Collateral "Collateral" (or in the case of a Pledgor, Pledged Collateralas that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporations corporation at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged "Collateral) " thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all Obligations "Canadian Obligations" (as that term is herein defined) of each of the amalgamating corporations and the amalgamated corporations corporation to the Canadian Collateral Agent and the Secured Parties at the time of amalgamation and all Obligations "Canadian Obligations" of the amalgamated corporation to the Canadian Collateral Agent and the Secured Parties thereafter arising. The Lien security interest shall attach to all Collateral (or in the case of a Pledgor, Pledged "Collateral) " owned by each corporation corporations amalgamating with Granting Partyany Grantor, and by the amalgamated corporationcompany, at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged "Collateral) " thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Amalgamation. Each Granting Party Grantor acknowledges and agrees that, in the event it amalgamates with any other company or companies, it is the intention of the parties hereto that the term “Grantor” or “Pledgor”, ,” as the case may be, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the lien granted hereby: (a) shall extend to Collateral (or in the case of a Pledgor, Pledged Collateral) owned by each of the amalgamating corporations and the amalgamated corporations at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged Collateral) thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all Obligations of each of the amalgamating corporations and the amalgamated corporations to the Canadian Collateral Agent and the Secured Parties at the time of amalgamation and all Obligations of the amalgamated corporation to the Canadian Collateral Agent and the Secured Parties thereafter arising. The Lien shall attach to all Collateral (or in the case of a Pledgor, Pledged Collateral) owned by each corporation amalgamating with Granting PartyGrantor, and by the amalgamated corporation, at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged Collateral) thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.