Assumption of Debt. With respect to the IVAX Subordinated Notes issued by IVAX under an indenture qualified under the Trust Indenture Act of 1939 (the "IVAX Indenture"), if required by the IVAX Indenture, BBI shall execute and deliver to the trustee under the IVAX Indenture a supplemental indenture, in form satisfactory to the trustee, expressly assuming the obligations of IVAX with respect to the due and punctual payment of the principal of (and premium, if any) and interest on the IVAX Subordinated Notes and the due and punctual performance of all the terms, covenants and conditions of the IVAX Indentures to be kept or performed by IVAX, and shall deliver such supplemental indenture to the trustee under the IVAX Indenture. Holders of the IVAX Subordinated Notes who convert after the Effective Time shall be entitled to receive BBI Common Stock based on a ratio determined in accordance with Section 2.02(b).
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Bergen Brunswig Corp), Agreement and Plan of Merger (Frost Phillip Md Et Al), Agreement and Plan of Merger (Ivax Corp /De)
