Notes to Be Secured in Certain Events. If, upon any consolidation or amalgamation of the Company or the Guarantor, as applicable, with or merger of the Company or the Guarantor, as applicable, into any other Person, or upon any conveyance, transfer, lease or disposition of the properties and assets of the Company or the Guarantor, as applicable, substantially as an entirety to any Person by liquidation, winding-up or otherwise (in one transaction or a series of related transactions), in each case in accordance with Section 701 of the Indenture, in the case of the Company, or Section 703 of this Supplemental Indenture, in the case of the Guarantor, any property or asset of the Company or of any Subsidiary, would thereupon become subject to any Lien, then, unless such Lien could be created pursuant to Section 502 without equally and ratably securing the Notes, the Company or the Guarantor, as applicable, prior to or simultaneously with such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition, will, as to such property or asset, secure the Notes Outstanding hereunder (together with, if the Company or the Guarantor shall so determine, any other Debt of the Company or the Guarantor now existing or hereafter created which is not subordinate to the Notes) equally and ratably with (or prior to) the Debt which upon such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition is to become secured as to such property or asset by such Lien, or will cause such Notes to be so secured.
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 conveyance, lease or 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, then unless such Lien could be created pursuant to Section 1016 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, as to such property or assets, secure the 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 Notes) equally and ratably with (or prior to) the Indebtedness which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall cause such Notes to be so secured.
Notes to Be Secured in Certain Events. If, upon any consolidation or amalgamation of the Company or RCCI, as applicable, with or merger of the Company or RCCI, as applicable, into any other Person, or upon any conveyance, transfer, lease or disposition of the properties and assets of the Company or RCCI, as applicable, substantially as an entirety to any Person by liquidation, winding-up or otherwise (in one transaction or a series of related transactions), in each case in accordance with Section 701 of the Indenture, in the case of the Company, or Section 803 of this Supplemental Indenture, in the case of RCCI, any property or asset of the Company or of any Subsidiary, would thereupon become subject to any Lien, then, unless such Lien could be created pursuant to Section 602 without equally and ratably securing the Notes, the Company or RCCI, as applicable, prior to or simultaneously with such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition, will, as to such property or asset, secure the Notes Outstanding hereunder (together with, if the Company or RCCI shall so determine, any other Debt of the Company or RCCI now existing or hereafter created which is not subordinate to the Notes) equally and ratably with (or prior to) the Debt which upon such consolidation, amalgamation, merger, conveyance, transfer, lease or disposition is to become secured as to such property or asset by such Lien, or will cause such Notes to be so secured.
Notes to Be Secured in Certain Events. If, upon any such consolidation of the Guarantor with or merger of the Guarantor into any other corporation, or upon any conveyance, lease or transfer of the property of the Guarantor substantially as an entirety to any other Person, any property or assets of the Guarantor would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 4.10 without equally and ratably securing the Notes, the Guarantor, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, shall as to such property or assets, secure the Outstanding Notes (together with, if the Guarantor so determines, any other Indebtedness of the Guarantor now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with or prior to the Indebtedness which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall cause such Notes to be so secured.
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 conveyance, lease or 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, then unless such Lien could be created pursuant to Section 1015 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will as to such property or assets, secure the 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 Notes) equally and ratably with (or prior to) the Indebtedness which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or will cause such Notes to be so secured; provided that, for the -------- purpose of providing such equal and ratable security, the principal amount of the Notes shall mean that amount which would at the time of making such effective provision be due and payable pursuant to Section 502 upon a declaration of acceleration of the Maturity thereof, and the extent of such equal and ratable note shall be adjusted, to the extent permitted by law, as and when said amount changes over time as provided in Section 502. ARTICLE NINE
Notes to Be Secured in Certain Events. If, upon any such consolidation of the Company or the Parent with or merger of the Company or the Parent into any other corporation, or upon any sale, assignment, conveyance, lease or transfer of the property of the Company or the Parent substantially as an entirety to any other Person, any property or assets of the Company or the Parent (as the case may be) would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1015 without equally and ratably securing the Notes, the Company or the Parent (as the case may be), prior to or simultaneously with such consolidation, merger, sale, assignment, conveyance, lease or transfer, shall as to such property or assets, secure the Notes Outstanding or the Guarantees (as the case may be) (together with, if the Company or the Parent (as the case may be) shall so determine, any other Indebtedness of the Company or the Parent (as the case may be) now existing or hereinafter created which is not subordinate in right of payment to the Notes or the Guarantees, as the case may be)) equally and ratably with (or prior to) the Indebtedness which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall cause such Notes or Guarantees to be so secured. AMENDMENTS TO "SUPPLEMENTAL INDENTURES" SECTION 110. AMENDMENT TO SECTION 901. Section 901 of the Indenture is hereby amended by deleting the existing Section 901 in its entirety and replacing it with the following: SECTION 901. Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company and the Parent, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes:
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 9.15 without equally and ratably securing the 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 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 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.
Notes to Be Secured in Certain Events. If, upon any such consolidation or the Issuer with or merger of the Issuer into any other corporation, or upon any conveyance, lease or transfer of the property of the Issuer as an entirety or substantially as an entirety to any other corporation, any Principal Property of the Issuer or of any Subsidiary, or any shares of stock or Debt of any Subsidiary would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 3.7 without equally and ratably securing the Securities, the Issuer, prior to such consolidation, merger, conveyance, lease or transfer, will secure the Securities Outstanding hereunder (together with, if the Issuer shall so determine, any other Debt of the Issuer now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the Debt secured by such Lien, or will cause such Securities to be so secured.
Notes to Be Secured in Certain Events. If, upon any such consolidation or merger of the Guarantor or the Issuer or upon any such sale, lease or conveyance of the property of the Guarantor or the Issuer as an entirety or substantially as an entirety to any other Person, any property owned by the Guarantor immediately prior thereto would thereupon become subject to any Lien (unless the Secured Debt in respect of such Lien could have been incurred by the Guarantor without its being required by the provisions of Section 3.6 to secure the Notes equally and ratably with (or prior to) such Secured Debt), the Guarantor, prior to any such consolidation, merger, sale, lease or conveyance, will by indenture supplemental hereto secure the Notes (together with, if the Guarantor shall so determine, any other Debt incurred, assumed or guaranteed by the Guarantor ranking equally with, or prior to, the Guarantee, whether then existing or thereafter created) by direct Lien on such property, prior to all Liens other than any theretofore existing thereon.
Notes to Be Secured in Certain Events. If, upon any such consolidation of Cosan with or merger of Cosan into any other corporation, or upon any conveyance, lease or transfer of the property of Cosan substantially as an entirety to any other Person, any property or assets of Cosan would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 4.10 without equally and ratably securing the Notes, Cosan, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, shall as to such property or assets, secure the Outstanding Notes (together with, if Cosan so determines, any other Debt of Cosan now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with or prior to the Debt which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall cause such Notes to be so secured.
